Federal Circuit Affirms Denial of Fee Award Under the (Incorrect) Brooks Furniture Standard

In Synthes USA LLC v. Spinal Kinetics, Inc., the court affirmed the district court's denial of fees to an accused infringer because there was no clear and convincing proof the suit had been objectively and subjectively baseless.  Down below I explain why this is clearly not the standard Congress enacted in Section 285, but, here we go again.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.