Adjustacam, LLC v. Newegg, Inc. (No. 2016-1524, 7/5/17) (Reyna, Mayer, Hughes)
Reyna, J. Reversing district court's refusal to award attorneys fees to defendant. The district court abused its discretion by failing to follow Court's mandate from prior appeal to evaluate the totality of the circumstances under Octane. Factors requiring award of attorneys fees included filing a weak infringement case that became objectively baseless after the district court's Markman order, unreasonably litigating case by repeatedly serving expert reports and declarations, and a pattern of low and erratic settlements.
A full version of the text is available in PDF form.