CAFC vacates $51 million fee award, exceptional case requires ‘causal connection’ to award fees
The Federal Circuit recently affirmed a district court’s “exceptional” case finding under 35 U.S.C. § 285, which resulted in Appellant Rembrandt Technologies paying attorney’s fees to Appellees, a number of communications companies. The Court, however, vacated the fee award of $51 million and remanded for a new determination of fees. While the Federal Circuit was comfortable affirming this was an exceptional case, the panel explained that the district court award needs to establish some causal connection between the misconduct and the fee award. See In re Rembrandt Techs. LP Patent Litig., No. 2017-1784, 2018 (Fed. Cir. Aug. 15, 2018) (Before O’Malley, Mayer, and Reyna, J.) (Opinion for the court, O’Malley, J.).