Fees Are An Equitable Remedy, Left For Court Determination.
In AIA America, Inc. v. Avid Radiopharmaceuticals, No. 2016-2647 (Fed. Cir. Aug. 10, 2017) (published) (Hughes, J.), a district judge awarded a prevailing defendant over $3.9 million in attorney’s fees under Section 285 of the Patent Act (35 U.S.C. § 285). Plaintiff appealed, claiming this was a jury issue. Not so, said the Federal Circuit. The Seventh Amendment right to a jury trial does not apply to attorney’s fees being considered under Section 285; rather, it is an equitable remedy for the district court to decide.