Southwest Wins Atty Fees For Patent Re-Examination Period

Law360, New York (August 21, 2015, 5:51 PM EDT) -- A California federal judge on Wednesday awarded Southwest Airlines Co. $387,182 in attorneys fees and costs from a software company that accused it of infringing a data-sorting patent, including for costs incurred during a U.S. Patent and Trademark Office review that ultimately deemed the patent invalid.

While Deep Sky Software Inc. did not challenge the hourly rates billed by Southwest’s four attorneys in the case that U.S. District Judge Cathy Ann Bencivengo deemed exceptional, it did question whether it should be required to pay the airline’s attorney fees and costs while its own patent was under scrutiny.

Deep Sky, which claimed...

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