Fed. Circ. Not Sure Court Muddled Fee Award In Patent Fight
Law360 (September 1, 2020, 8:42 PM EDT) — The Federal Circuit seemed wary Tuesday of overturning a decision awarding attorney fees to HP Inc. and SAP America after they emerged victorious from a patent dust-up with software maker Big Baboon Inc. that a lower court declared was unfairly waged.
While Big Baboon worked to convince a three-judge panel that the California federal court that handled the patent dispute “basically awarded fees based on some arbitrary line in the sand,” U.S. Circuit Judge Kathleen O’Malley wasn’t sure about that — particularly the company’s contention that it couldn’t be forced to shell out attorney fees without evidence of misconduct.