Digest of Buckhorn Inc. v. Orbis Corporation, No. 2014-1711 (Fed. Cir. July 2, 2015) (non-precedential). On appeal from S.D. Ohio. Before Lourie, Plager, and Dyk.
Procedural Posture: Plaintiff appealed the district court decision to award attorney fees to Defendant under a patent licensing agreement. CAFC reversed.
- Attorney Fees: The district court awarded attorney fees to Orbis on the basis of a patent licensing agreement (“PLA”) between plaintiff and a third party. Since Orbis was neither a party to the PLA nor an intended third-party beneficiary, the Federal Circuit held, it was not entitled to attorney fees under the PLA.