Last month, in Octane Fitness v. Icon Health and Fitness, the U.S. Supreme Court gave district court judges more leeway in awarding attorney fees in patent cases. But at least so far, the decision hasn’t done much to prompt judges to shift fees to losing plaintiffs.
Earlier this month we reported that a judge in East Texas declined to shift fees against a patent plaintiff in a failed case against medical device company Globus Medical Inc. On Tuesday, lawyers at Simpson Thacher & Bartlett struck out in an attempt to convince a federal judge in a long-running patent lawsuit to award attorney fees to its client, a shuttered subsidiary of Qualcomm Incorporated called FLO TV Incorporated.
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