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James R. Barney

Split Fed. Circ. Won't Review Nixing of $18M Contempt Fine

June 18, 2015

Law360

On June 18, 2015, the Federal Circuit sided with Finnegan client Lawson Software when it tossed an $18 million contempt fine issued against Lawson in a patent infringement suit. In 2009, ePlus Inc. sued Lawson for alleged infringement of an electronic sourcing patent. The $18 million fine was issued in 2013 by a district court judge who ruled that Lawson was in contempt of a 2011 injunction order. In July 2014, the Federal Circuit vacated the contempt fine after affirming a USPTO’s re-examination decision that found ePlus’ patent invalid. ePlus requested an en banc review of the ruling but the court rejected the petition, ruling that the fine could no longer stand in light of the invalidity finding.

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United States Court of Appeals for the Federal Circuit (CAFC)

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