Fed. Circ. Says EDTX Judge Wrongly Denied IP Case Fee Bid

Law360, New York (June 5, 2017, 7:25 PM EDT) -- The Federal Circuit ruled Monday that an Eastern District of Texas judge wrongly denied a home security company's request for attorneys' fees after it prevailed in a patent case, saying his ruling was "clearly erroneous" under the U.S. Supreme Court's Octane Fitness decision.

The appeals court reversed the ruling by U.S. Magistrate Judge Roy Payne that ADS Security LP was not entitled to attorneys' fees after Rothschild Connected Devices Innovations LLC dismissed its suit accusing ADS of infringing a patent on mixing materials using a web-based server.

Judge Payne held that the case did not "stand out from others," which the...

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