No. 19-1132

Blackbird Tech LLC, dba Blackbird Technologies v. Health in Motion LLC, dba Inspire Fitness, et al.

Lower Court: Federal Circuit
Docketed: 2020-03-16
Status: Denied
Type: Paid
Response Waived
Tags: attorney-fees case-by-case-analysis exceptional-case judicial-determination litigating-position litigation-discretion octane-fitness patent-act patent-law patent-litigation
Latest Conference: 2020-05-15
Question Presented (from Petition)

Can a court consider factors unrelated to the instant case in determining whether a particular case is exceptional, i.e., whether those outside factors are relevant to the strength of a party's litigating position in that particular case, or the manner in which that particular case was litigated?

Question Presented (AI Summary)

Can a court consider factors unrelated to the instant case in determining whether a particular case is exceptional?

Docket Entries

2020-05-18
Petition DENIED.
2020-04-22
DISTRIBUTED for Conference of 5/15/2020.
2020-04-09
Waiver of right of respondents Health in Motion LLC, et al. to respond filed.
2020-03-16
Petition for a writ of certiorari filed. (Response due April 15, 2020)

Attorneys

Blackbird Tech LLC, dba Blackbird Technologies
Wendy Haller VerlanderBlackbord Tech LLC d/b/a Blackbird Technologies, Petitioner
Thomas Mansfield DunlapDunlap Bennett Ludwig PLLC, Petitioner
Health in Motion LLC
Willmore F. HolbrowBuchalter, A Professional Corporation, Respondent