Patent Infringement Action Against Wrong Defendant in Wrong Court Found Exceptional

Monday, August 8, 2016

Citing the Supreme Court’s decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S.Ct. 1749, 1755-56 (2014), Judge Titus awarded attorneys’ fees because the case was “exceptional” under 35 U.S.C. § 285 based on plaintiff’s “continued pursuit of baseless claims that had no chance of success.”  The plaintiff pressed its patent infringement claim against defendant despite actual knowledge that its exclusive remedy for patent infringement was a suit against the United States in the Court of Claims under 28 U.S.C. § 1498.  Astornet Techs, Inc. v. BAE Sys., Inc., 14-cv-0245, 2016 WL 4141006 (D. Md. Aug. 4, 2016).