Fed. Circ. Axes $6M Atty Fee Award In Navy Ship Patent Case

By Sarah Martinson (August 3, 2020, 10:38 PM EDT) -- The Federal Circuit on Monday rejected a $6.18 million fee award to a ship manufacturer in a dispute over whether the Navy infringed its patents, finding that the U.S. Court of Federal Claims incorrectly awarded the fees.

The three-judge panel said the lower court shouldn't have considered that the Navy didn't contract FastShip LLC to build the allegedly infringing littoral combat ship, LCS-1, and didn't review the company's administrative claim that the ship wrongly used its patents for two years when deciding if FastShip was entitled to attorney fees and expenses.

The claims court overstepped its authority by considering the government's...

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