直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Federal Circuit IP Blog

Success on the Merits Not Necessary to Be Prevailing Party Under Section 285

April 23, 2018

Authored and Edited by Nicholas J. Doyle; Kara A. 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.

Tags

attorney fees, exceptional case

Related Practices

Global IP Enforcement, Litigation, and Trials

Contacts

Kara A. Specht
Partner
Atlanta, GA
+1 404 653 6481
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

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.

Related Insights

Conference

IAM Live: Navigating the UPC 2026

November 4, 2026

Paris

Conference

2026 EDTX Bench Bar Conference

October 28-30, 2026

Fort Worth

Webinar

U.S. Discovery for Foreign Proceedings—28 USC § 1782 Requirements and Practice Tips

September 2, 2026

Webinar

Webinar

PTAB Developments and Their Impact on Parallel Litigation: Strategic Considerations

August 26, 2026

Webinar

At the PTAB Blog

Squires Issues Precedential Decision Clarifying Obviousness-Type Double Patenting Rejections

August 17, 2026

Articles

Privacy Law Mid-Year Update: Key EU and UK Data Protection Decisions

August 13, 2026

European IP Blog

UPC Action Permissibly Lodged Prior to the Grant of a European Patent

12 August 2026

Webinar

USPTO Examiner Interview Strategies: Preparing for and Conducting Interviews to Advance Patent Prosecution

August 4, 2026

Webinar

Articles

The PTAB Under the Squires Administration: New Trends in Discretionary Denial and Implications for Corporate Practice

July 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP