This morning the Federal Circuit released one precedential opinion. The opinion vacates and remands an award of attorneys fees by the District of Colorado in a patent case. Here is the introduction to the opinion.
Realtime Adaptive Streaming LLC v. Sling TV LLC (Precedential)
Appellant Realtime Adaptive Streaming LLC appeals from an award of attorneys’ fees from the United States District Court for the District of Colorado. The district court’s fees award to defendants was based on six so-called “red flags.” It found that those red flags should have served as warning signs to Realtime that its case was fatally flawed. And in “carrying on despite numerous danger signals. . . [plaintiff] accepted the risk of having to reimburse defendants’ reasonable attorneys’ fees.” J.A. 8. The district court found that “the totality of the circumstances,” in light of those six red flags, rendered the case exceptional. Id. We vacate and remand because the district court abused its discretion in determining the case exceptional for the reasons below.