For our weekly SoCal IP Institute meeting on Monday, September 24, 2018, we will discuss the following cases:
In re Rembrandt Techs (CAFC July 27, 2018 available here). Rembrandt Technologies sued a multitude of defendants over several years. These cases were consolidated and after years of litigation a final judgment was entered against Rembrandt as to all its claims. Several defendants filed a motion requesting attorneys fees under 35 U.S.C. § 285, which grants courts the ability to award attorney’s fees in exceptional cases. The court granted most of the requested fees which included almost all of the attorney fees defendants incurred during the litigation (totaling more than $51 million). On appeal the CAFC held that the case was exceptional, but that the $51 million was too high.
Worlds Inc. v. Bungie, Inc. (CAFC September 7, 2018 available here). Worlds Inc held 3 patents all of which were invalidated during an IPR proceeding before the PTAB. Worlds Inc appealed arguing that because Bungie was not a real party in interest, they lacked standing to bring an IPR proceeding before the PTAB. The CAFC agreed, and vacated the PTAB’s decision.
All are invited to join us on Monday September 24, 2018, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.
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