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An Exceptional Award of Attorney’s Fees in a Patent Case Against a Non-Practicing Entity, i.e., a Patent Troll

Whether you are a patent owner, represent a patent owner, have received a demand letter or represent a party defending itself in an NPE case, this “Report and Recommendation” by the Court in Shipping and Transit, LLC v. LensDiscounters.com, Case No. 16-80980 (S.D. Fla) is worth reading.  The Magistrate Judge has recommended an award of attorney’s fees in favor of the Defendant and against the patent owner. The Court explained that because “the substantive strength of either parties’ litigating position was not fully meted out due to Plaintiff’s early filing of a covenant not to sue accompanied by a request for dismissal,” the Court would then base its decision “on the manner in which the case was litigated to make its determination.” If you find yourself facing litigation by a “patent troll” be sure to contact us and speak with one of our Miami Patent Litigation Attorneys.

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