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Federal Circuit Weighs in on a Lower Standard For Attorney Fee Awards

By Tammi L. Hill

The Federal Circuit recently clarified the standard for an award of attorney fees under 35 U.S.C. '285 in Oplus Technologies, Ltd. v. Vizio, Inc. , Case No. 2014-1297 (Fed. Cir. April 10, 2015), holding that the record in the district court did not support a denial of attorney fees. The attorney fee inquiry under '285 requires: 1) a finding of litigation misconduct or that the case was objectively baseless; and 2) a determination as to whether an award of fees is appropriate and, if so, the amount of any award. Appellee Oplus did not challenge the district court's finding of litigation misconduct, leaving the determination of appropriateness as the sole issue on appeal.

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