Intellectual Property Law

Three sentences insufficient to explain why a case is exceptional

By McKee, Voorhees & Sease, P.L.C.

In a decision yesterday, the Federal Circuit vacated an award of attorney fees under § 285.  The district court only provided a three-sentence explanation as to why the case was exceptional.  The Federal Circuit found this insufficient, as there was no explanation of the facts underlying the findings made by the court.  As a result, the court vacated the award and remanded for more detailed findings.

More detail of Innovation Techs., Inc. v. Splash! Med. Devices, LLC after the jump.

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Full post as published by FileWrapper on June 17, 2008 (boomark / email).