Common Patent Litigation Defenses Insufficient To Justify Award Of Attorneys’ Fees

In Realtime Adaptive Streaming LLC v. Sling TV, LLC, et al., 2024 U.S. App. LEXIS 21348 (Fed. Cir. Aug. 23, 2024), the Federal Circuit, in an opinion authored by Judge Alan D. Albright sitting by designation, vacated and remanded an award of attorneys’ fees to the defendants. Although the district court had determined the case was exceptional under 35 U.S.C. § 285 on the basis of six “red flags,” the Federal Circuit concluded that the red flags did not support an exceptional case finding and…
By: Hudnell Law Group