The Federal Circuit’s decision in VDPP, LLC v. Volkswagen Group of America, Inc. offers a clear-eyed look at three recurring pain points in patent litigation: what it takes to plead, what is “exceptional” under 35 U.S.C. § 285, and what it takes to preserve an issue for appeal. The panel (Chief Judge Kimberly Moore, writing
On June 2, 2026, the Federal Circuit issued a precedential decision in AGI SureTrack LLC v. Farmers Edge Inc. that delivered a split result — and a reminder that winning a patent case is not the same thing as collecting fees for it. The panel (Judge Haldane Robert Mayer, writing, joined by Chief Judge Kimberly
In mCom IP, LLC v. City National Bank of Florida, the Federal Circuit reversed an award of attorneys’ fees under 35 U.S.C. § 285 against the patent owner and sanctions under 28 U.S.C. § 1927 against its counsel, holding that neither the patent owner’s decision to litigate patent claims surviving inter partes review (IPR)
Last week, the Federal Circuit issued a precedential decision affirming a Southern District of Texas denial of FMC Technologies, Inc.’s attorneys’ fees motion. The panel here (comprised of Moore, Clevenger, and Dyk) seems almost as disdainful of FMC’s arguments for exceptionality as a completely different panel did when it affirmed the denial of Pure Hemp’s
The Federal Circuit passed on Pure Hemp’s ask for attorney fees and sanctions in United Cannabis, Corp. v. Pure Hemp Collective Inc., No. 22-1363 (Fed. Cir. May 8, 2023). Agreeing with the district court, the appellate panel found Pure Hemp’s exceptionality arguments lacking (even referring to Pure Hemp’s appeal as “extremely weak”) and