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Dragon Intellectual Property, LLC v. DISH Network LLC

§ 285 Attorney Fees May Be Available Where Case Mooted By IPR Cancelation of Claims

Dragon Intellectual Property, LLC v. DISH Network LLC, __ F.3d __, 2020 WL ___ (Fed. Cir. Apr. 21, 2020) (Lourie, MOORE, Stoll) (D. Del.: Andrews) (3 of 5 stars)

Fed Cir vacates denial of attorney fees under § 285. The opinion describes how DISH had obtained a judgment of noninfringement which was subsequently vacated as moot after IPR of Dragon’s patent resulted in cancelation of all asserted claims. The district court erred in concluding that DISH was not a prevailing party. Per B.E. Technology, 940 F.3d 675 (Fed. Cir. 2019), a party may “prevail” for Rule 54(d) purposes by winning a battle on the merits before the PTO, and the opinion “see[s] no meaningful distinction that would warrant a different interpretation under § 285.” Op. at 6. That the district court vacated the previous noninfringement judgment rather than dismissing the case does not indicate otherwise.

KEYWORDS: ATTORNEY FEES; SECTION 285