The Federal Circuit upheld a Tennessee federal judge’s order granting attorney fees to Finnegan client Castle Retail LLC after it defeated Hawk Technology Systems LLC’s patent infringement claims. Hawk sued Castle in October 2020, alleging a surveillance system in Castle’s Cash Saver store infringed its patent. Judge Jon McCalla dismissed the suit in September 2021, finding the patent claims were weak and largely covered basic video digitization.
The appellate panel agreed that Hawk Technology had a pattern of frivolous lawsuits, citing its boilerplate complaints, numerous filings, and low settlement amounts. The court also noted their positions were “untenable” and its patent “demonstrably weak.” Emails showing Hawk Technology's counsel threatened to pursue other grocer association members supported findings of unprofessional conduct. Their arguments about sealed filings and reliance on patent validity were rejected. The panel concluded there was no abuse of discretion in deeming the case exceptional and awarding fees.
Finnegan partner Justin Hasford told Law360 that, "We are very pleased with the Federal Circuit's well-reasoned decision affirming Judge McCalla's award of attorney fees in Castle Retail's favor."
Read "Fed. Circ. Clears Fees for Grocer After It Beat Camera IP Suit"
