The Devil Made Me Do It: When are USPTO Filings ‘Involuntary’?
IP Watchdog
JUNE 2, 2024
In Dragon Intellectual Property LLC v. Dish Network LLC, - (Fed. Cir., May 20, 2024), a divided panel of the U. S. Court of Appeals for the Federal Circuit held that a prevailing defendant in an otherwise “exceptional” patent infringement case could not recover attorney fees expended in a parallel inter partes review (IPR) proceeding because the defendant’s initiation of the IPR was “voluntary.
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