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Federal Circuit clarifies Octane in denying Newegg’s fees bid

Peter Leung, Washington DC

In a decision handed down earlier today, the US Federal Circuit held that district courts should consider a plaintiff’s litigation history when deciding whether to award attorneys’ fees, but Newegg failed to show that SFA’s track record is proof of abusive litigation tactics

SFA Systems v Newegg involved two patents (US patents 6,067,525 and 7,941,341) relating to computer sales systems. SFA sued multiple online retailers, including Newegg. After other defendants settled, the district court held Markman hearings for both patents, deciding both in...

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