US Federal Circuit Precedent Keeps Attorney Fee Pressure on Patent Plaintiffs, IAM

IAM quoted partner Matt Rizzolo in an article examining the Federal Circuit’s decision in AGI SureTrack v. Farmers Edge, which vacated a district court’s denial of attorney fees and remanded the matter for further consideration under Section 285 of the Patent Act.

The article discusses how the ruling may increase scrutiny of unsuccessful patent infringement claims, particularly those challenged under 35 USC § 101. Matt noted that the decision may make meaningful appellate review difficult.

“This seems like it may be somewhat of a unique situation, as it appears the district court gave virtually no explanation for its finding of no exceptional case,” Matt said. “Usually, district courts will provide at least a brief explanation, which will typically suffice given the wide discretion afforded to district court judges to decide whether to find a case ‘exceptional’ or not.”

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