Delivery Co. Asks High Court For Atty Fees In IP Dispute

Law360 (April 12, 2021, 9:38 PM EDT) -- Roadie Inc. asked the U.S. Supreme Court to review a Federal Circuit decision that it's not entitled to attorney fees under the Patent Act, despite beating its rival Baggage Airline Guest Services Inc.'s infringement suit for lost luggage technology, saying judicial discretion over fees in exceptional cases is "inconsistent and contradictory."

When a Delaware federal court invalidated BAGS' patent, it should have taken into account the weakness of the infringement case against Roadie and awarded the delivery service attorney fees for fending off the suit, according to a 40-page petition filed April 5 and published on the docket Friday.

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