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Federal Circuit Weighs in on a Lower Standard For Attorney Fee Awards
The Federal Circuit recently clarified the standard for an award of attorney fees under 35 U.S.C. '285 in Oplus Technologies, Ltd. v. Vizio, Inc. , Case No. 2014-1297 (Fed. Cir. April 10, 2015), holding that the record in the district court did not support a denial of attorney fees. The attorney fee inquiry under '285 requires: 1) a finding of litigation misconduct or that the case was objectively baseless; and 2) a determination as to whether an award of fees is appropriate and, if so, the amount of any award. Appellee Oplus did not challenge the district court's finding of litigation misconduct, leaving the determination of appropriateness as the sole issue on appeal.
Background
Plaintiff Oplus, represented by Niro, Haller & Niro (Niro), filed a patent infringement suit against defendant Vizio in the Northern District of Illinois. Oplus alleged that Vizio distributed, and co-defendant Sears Holding Co. sold, televisions with video processing chips using the claimed methods of video signal processing. The court granted Vizio's motion to transfer the action to the Central District of California. The court then stayed the pending case against Sears, a retailer of Vizio televisions, until the completion of the case against Vizio. Following transfer, Oplus petitioned the Judicial Panel on Multidistrict Litigation (JPML) to send the case back to the Northern District of Illinois. The JPML denied plaintiff's petition.
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