The Federal Circuit recently affirmed in Blackbird Tech v. Health In Motion an award of $360k in attorney fees against a patent troll “to deter future abusive litigation.” Non-practicing entity Blackbird sued Health In Motion (HIM) alleging that HIM’s exercise equipment infringed Blackbird’s U.S. Patent No. 6,705,976. Despite offering “nuisance value settlements” ranging from $80k to zero, Blackbird continued litigation for more than nineteen months. The Federal Circuit affirmed the attorney fees award because “[t]o hold otherwise would, in effect, cause [HIM] to make the untenable choice between: (1) submitting to Blackbird’s settlement demands–small as they may be; or (2) risking non-reimbursement of attorney fees accrued in defending themselves against Blackbird’s unmeritorious claims.”
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