Dragon Intellectual Property v. DISH Network LLC

APPEAL NO.
19-1283
OP. BELOW
DCT
OPINION
TBD
SUBJECT
Patent
AUTHOR
TBD

Issue(s) Presented

1. “Whether the district court erred as a matter of law in determining that defendants who prevailed on two grounds—by obtaining (1) a final judgment based on a stipulation of noninfringement, and (2) a final decision of unpatentability before the PTAB, which this Court affirmed—were not a ‘prevailing party’ under 35 U.S.C. § 285 solely because the defendants obtained one form of relief in a different forum than the district court.”

2. “Whether fees awarded for ‘exceptional cases’ under 35 U.S.C. § 285 may include fees incurred in related proceedings, including parallel post-grant proceedings under the AIA and appeals.”

3. “Whether fees for ‘exceptional cases’ under 35 U.S.C. § 285 may be awarded against counsel of record as jointly and severally liable with a party.”