January 3, 2014

Federal Circuit Decisions for Week Ending December 27, 2013

Kilopass Technology, Inc., v. Sidense Corporation, No. 2013-1193 (December 26, 2013), (precedential) (3-0) Patent Nos. 6,940,751; 6,777,757; and 6,856,540.

Key point:

  • The proper focus in assessing attorney fees under § 285 involves determining whether the litigation was objectively baseless based on the totality of circumstances and, if so, whether that fact or other circumstantial evidence supports an inference of bad faith.

Related Team: