DISH Network L.L.C. v. Dragon Intellectual Property, LLC

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent

Question(s) Presented

“The Patent Act’s fee-shifting statute, 35 U.S.C. § 285, states: ‘The court in exceptional cases may award reasonable attorney fees to the prevailing party.’”

“The questions presented are:”

1. “Whether the Patent Act’s fee-shifting statute allows a district court discretion to impose joint and several liability for the fee award on a party’s attorney whose actions substantially contribute to the exceptionality of the case.”

2. “Whether the same fee-shifting statute allows a district court discretion to award attorney’s fees incurred by a prevailing accused infringer in a parallel administrative proceeding to invalidate a patent.”

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