We have previously posted on the judiciary’s attempts to address frivolous and unwarranted suits brought by patent holding, non-practicing entities (“NPEs”). To deter such litigation, courts have the power to award attorneys’ fees and costs to defendants subject to such baseless suits. In an October 23 Opinion and Order in Lumen View Tech., LLC v. Findthebest.com, Inc., District Judge Denise Cote, applying 35 U.S.C. § 285 (“Section 285”), not only awarded the defendant its attorneys’ fees and costs, but also applied an enhancement to the awarded fees.
Lumen View Technology, LLC (“Lumen”), brought suit against Findthebest.com, Inc. (“FTB”) on May 29, 2013 in the Southern District of New York, alleging infringement of U.S. patent no. 8,069,073. The complaint against FTB was one of at least twenty substantially similar patent infringement complaints filed by Lumen against other parties between 2012 to 2013.
On November 22, 2013, the court held that the ‘073 patent claimed an abstract idea that was not patentable under 35 U.S.C. § 101, and was therefore invalid. Lumen appealed the decision to the Federal Circuit. The case was stayed, pending the Supreme Court decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). Following the Supreme Court’s decision in Alice on June 19, 2014, Lumen voluntarily dismissed its appeal to the Federal Circuit.