Digest of Homeland Housewares, LLC V. Sorensen Research and Development Trust, 2013-1345, -1383 (Fed. Cir. September 8, 2014) (non-precedential). On appeal from C.D. Cal. Before Lourie, Bryson, and Chen.
Procedural Posture: Patent holder Sorensen Research and Development Trust (“Sorensen”) appealed final judgment awarding attorney fees to Homeland Housewares, LLC (“Homeland”). CAFC affirmed.
Attorney Fees: The district court did not abuse its discretion in awarding attorney fees to Homeland, based on its finding of the case to be “exceptional” due to Sorensen’s failure to produce admissible evidence of infringement and Sorensen’s overall conduct during the litigation. The district court rendered summary judgment of non-infringement in favor of Homeland, finding that Sorensen produced no admissible evidence that Homeland’s products met several claim limitations. The district court also did not abuse its discretion in determining the award amount and need not limit the award to fees incurred in responding to specific acts of litigation misconduct because such a level of granularity in determining an amount of an attorney fee award is not required.