Robert J. Palmersheim and Anand C. Mathew featured in Law 360 article “Fed. Cir. Wipes Out $10M Patent Fee Award Under Octane”

Robert Palmersheim & Anand Mathew

As reported by Law 360, Robert J. Palmersheim and Anand C. Mathew were successful in wiping out a $10 million patent fee award entered against their client, Checkpoint Systems, Inc.  After a Pennsylvania federal judge entered the award against their client, Robert and Anand appealed the decision to the United States Court of Appeals for the Federal Circuit.  The Federal Circuit reversed the award, “finding that the district judge misapplied the U.S. Supreme Court’s Octane Fitness ruling in deciding that fees were warranted.”  Following the Federal Circuit’s reversal, the Robert and Anand defeated the plaintiffs’ attempt to seek certiorari review in the United States Supreme Court.  This is believed to be the first decision by the Federal Circuit after the Supreme Court’s Octane Fitness decision which reverses a district court fee award under Section 285 of the Patent Act.  A copy of the Law 360 article is available here.