"EscapeX petitioned the Supreme Court in March of this year, arguing that the CAFC affirmed sanctions 'without any express finding of subjective bad faith,' contrary to 'long-settled Ninth Circuit law.'"
"The district court agreed with Google, finding it was 'obvious that EscapeX conducted no serious pre-suit investigation and that this case was frivolous from the start.'"
The U.S. Supreme Court denied certiorari in EscapeX IP, LLC v. Google LLC, allowing the Federal Circuit's decision to stand. The Federal Circuit affirmed a district court's award of over $250,000 in attorneys' fees to Google, labeling EscapeX's patent infringement lawsuit as frivolous. EscapeX argued that the sanctions were imposed without a finding of subjective bad faith, contrary to Ninth Circuit law. The case began with EscapeX alleging that Google's YouTube Music infringed its patent, but the court found no serious pre-suit investigation was conducted by EscapeX.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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