DISH Network is requesting an en banc review of a Federal Circuit's decision that vacated its attorney fee award in a patent dispute with Realtime Adaptive Streaming, arguing it contradicts Supreme Court precedents.
The panel's vacating of DISH's $3.9 million fee award raises concerns about the review approach for district court fee determinations under 35 U.S.C. § 285, suggesting it undermines established Supreme Court guidance.
The dispute originates from Realtime's patent claims on digital data compression, which the District Court deemed ineligible, labeling the case as 'exceptional' and granting DISH substantial attorney fees.
DISH argues that the en banc review is crucial to restore clarity on how district courts should exercise their discretion regarding fee awards in exceptional cases.
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