Fed. Circ. Junks $2M Nvidia, Sony Fee Award Despite Octane

Law360, New York (February 24, 2015, 4:01 PM EST) -- The Federal Circuit on Tuesday tossed an award of $2 million in attorneys' fees to Nvidia Corp. and Sony Corp., saying the lower court wrongly held that a failed patent suit by Biax Corp. was baseless, despite the U.S. Supreme Court's Octane ruling making it easier to award fees.

While Judge Philip Brimmer of the District of Colorado found that Biax, a now-bankrupt patent holding company, prolonged the case over Nvidia graphics chips used in Playstation 3 gaming console in bad faith, the Federal Circuit said that was not what happened and reversed the award.

Biax's own expert witness never admitted...

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