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June 2017 Archives

Patent Plaintiff Must Pay Defendant's Fees in 'Internet of Things' Claim

A federal appeals court said a patent plaintiff must pay its opponent's attorneys' fees because the plaintiff willfully ignored pre-existing descriptions of its claimed invention.

In Rothschild Connected Devices Innovations v. Guardian Protection Services, the Federal Circuit Court of Appeals said the plaintiff and its attorney did not prove the basis for the claim before filing the infringement case. In addition, the court considered evidence that the plaintiff was a vexatious litigant who had filed 58 similar cases only to settle most of them before trial for the cost of defense.

"Rothschild's continued assertions that its patent extends to products simply because they are configured using the Internet... are risible rather than simply unreasonable," Judge Haldane Robert Mayer wrote in a strongly worded concurring opinion.