Federal Circuit Backs Volkswagen’s $207,500 Fees Against NPE

Finnegan client Volkswagen Group of America secured a Federal Circuit victory affirming the dismissal of a patent infringement suit brought by VDPP and upholding an attorney fee award of more than $207,000. The court held that district courts may consider the totality of a party’s litigation conduct, including evidence of a broader pattern of abusive litigation, when determining whether a case is exceptional under the Patent Act. The Federal Circuit also affirmed findings supporting the fee award and left in place sanctions against VDPP’s counsel after concluding it lacked jurisdiction to review the sanctions appeal.

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