The technology company iLOR struck out three times in its 2007 patent infringement suit against Google, which can only be described as a resounding defeat for iLOR and its lawyers at Frost Brown Todd. But on Tuesday, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit concluded that iLOR’s case, however unsuccessful, wasn’t objectively baseless.
In a precedential 15-page opinion that sets a new standard for finding a patent case exceptional in the context of awarding attorney fees, the appellate panel reversed a federal district court ruling that called for iLOR to pay Google $660,000 in attorney fees and costs.
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