Accused Infringer Succeeds In Justifying Fee Award, Then Fails To Prove Fees

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Accused Infringer Succeeds In Justifying Fee Award, Then Fails To Prove Fees


In the latest twist in the saga of the Webvention patent litigation, Novartis has been denied its attorneys’ fees after having demonstrated that it was entitled to them. You can read the back–story here. (As noted there, our firm was involved in this case once upon a time, but not lately.)

The sequel brings a surprise ending. After having proved the case to be “exceptional” under the difficult standard for obtaining an award of attorneys’ fees in patent cases, Novartis walks away with nothing. The reason? According to U.S. District Judge Catherine C. Blake of the District of Maryland, Novartis failed to provide sufficient evidence to substantiate its fee request, “even after being given second and third chances to supplement its motion.” Lacking sufficient support, the court ruled that it could not award any actual fees, even though the “court stands by its finding that the case is ‘exceptional,’” a finding that made fees available in the first place. This case serves as a cautionary tale to litigants that, in patent litigation, it is as important to prove up the amount of your fees as that the case was exceptional. Otherwise, victory may feel exceptionally hollow.

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