Patent Law Blog

In MarcTec, LLC v. Johnson & Johnson, No. 2010-1285, (Fed. Cir. Jan. 3, 2012), the Federal Circuit affirmed the United States District Court for the Southern District of Illinois’ award of $3,873,865.01 in attorneys’ fees under 35 U.S.C. § 285 and $809,788.02 in expert fees under its inherent authority to award reasonable expert fees in excess of the § 285 statutory limit.  On appeal to the Federal Circuit, patent holder-plaintiff, MarcTec LLC (“MarcTec”), argued that the case was not “exceptional” under § 285, and that the district court abused its discretion in awarding expert fees.  The Federal Circuit nevertheless affirmed. Read more...