Intellectual Property/In The News: N.D. Ill. District Judge Awards All Of Requested $6,069,266.81 In Fees To Defendant Winning Patent Infringement Case

 

Fee Justified Because Case Was Exceptional, And No “Granular” Analysis Required By District Judge.

    In Chicago Board Options Exchange, Inc. v. International Securities Exchange LLC, Case No. 07 C 623 (N.D. Ill. Docket No. 778 Mar. 31, 2016), U.S. District Judge Joan H. Lefkow awarded CBOE all of its requested $6,069,266.81 in attorney’s fees after it defensed a patent infringement claim by ISE.  The district judge previously found the case was “exceptional” under the patent fee-shifting statute.  ISE argued that the fee request should be slashed by 80% in order to not provide a windfall to CBOE for certain activities, but District Judge Lefkow rejected this contention.  The problem here was that ISE continued to pursue the patent infringement case even after a seriously adverse appellate ruling by the Federal Circuit.  Rather than fold up its tent, ISE caused CBOE to run up more fees.  The district judge did not have to use a granular approach, but look at the “totality of the circumstances”—an approach that justified fees when the facts showed continued prosecution of the infringement claim was exceptionally bad judgment.

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