April 23, 2018
Authored and Edited by Nicholas J. Doyle; Kara Specht; Elizabeth D. Ferrill
In Raniere v. Microsoft Corp., the Federal Circuit analyzed what it meant to be a prevailing party under 35 U.S.C. § 285. Section 285 allows for the award of reasonable attorneys’ fees to the prevailing party in exceptional cases.
In response to Raniere’s complaint alleging two counts of patent infringement, Microsoft moved to dismiss the suit for lack of standing after discovering that the PTO’s records indicated that Raniere did not own the patents. After Raniere produced documents and gave testimony regarding the patent ownership, which the district court labeled “wholly incredible and untruthful,” the district court dismissed the case with prejudice. Microsoft moved for and was awarded attorneys’ fees under § 285. Raniere appealed this ruling, claiming that § 285 required a party to succeed on the merits of its case to be the prevailing party.
The Federal Circuit held that success on the merits was not required for a party to be awarded attorneys’ fees. Applying Supreme Court precedent, the Court held that a prevailing party is a party that receives a judicially sanctioned change in the legal relationship of the parties. Thus, the grant of a motion to dismiss would make the moving party the prevailing party under § 285.
Copyright © 2018 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Webinar
May 9, 2024
Webinar
At the PTAB Blog
USPTO Releases Notice of Proposed Rule Making Codifying Several Precedential Case Factors
April 25, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.