Lumen View Technology LLC v., Inc.: Deterrence Of Plaintiff Misconduct Is Not A Suitable Justification For Enhancing Attorney Fees

Fitzpatrick Case Update
January 22, 2016

On January 22, 2016, the Federal Circuit issued its opinion in Lumen View Technology LLC v., Inc., addressing the award of enhanced attorney fees to a defendant. The Court held that the district court had properly found the case to be exceptional, but improperly awarded enhanced attorney fees on the grounds of an expedited district court schedule and deterrence of plaintiff misconduct, as those factors were unrelated to the suitability of compensation of defendant’s attorneys.

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