Monday, June 05, 2017

Checkpoint wins reversal at CAFC of fee award that had been granted by ED Pa

The CAFC, in an opinion by Judge Newman, reversed a fee award granted by ED Pa. The CAFC, reviewing under an abuse of discretion standard, found error in the district court's legal analysis.

The district court had asserted that frivolousness is not needed to find exceptionality.

The CAFC found that the charge of infringement was reasonable and was not brought in bad faith or with abusive tactics.
The decision of ED Pa was reversed.



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