Case: Gabriel Techs. Co. v. Qualcomm Inc., No 2013-1205, (Fed. Cir. Mar. 18, 2014) (non-precedential).  On appeal from S.D. Cal.  Before Lourie, Mayer, and Chen (per curiam).

Procedural Posture: Plaintiffs appealed an order awarding attorney’s fees.

  • Award of Attorney’s Fees: The district court correctly awarded Defendants attorney’s fees in finding Plaintiffs acted with subjective bad faith while stubbornly maintaining an objectively baseless suit. The suit was objectively baseless as nearly four years of investigation and discovery failed to produce a single piece of credible evidence supporting their correction of inventorship claims and it became clear early in the litigation that the trade secret claims were time barred. Plaintiffs acted with subjective bad faith because emails showed that they maintained the lawsuit long after they recognized that their claims were without merit. Moreover, Plaintiffs also engaged in litigation misconduct.