Federal Circuit Vacates and Remands District Court’s Fee Award Due to Consideration of Irrelevant 'Red Flags'

November 5, 2024Patent Litigation, Patentability

The Federal Circuit vacated a district court’s fee award because the district court considered certain information that was not relevant to the question of whether plaintiff’s case was exceptional. Specifically, the Federal Circuit held that only those “red flags” that related to the successful Section 101 defense, which served as the basis for the district court’s grant of summary judgment, could be used to show the case was fatally flawed.   

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