Wednesday, November 20, 2019

Huawei Will Have to Pay Attorneys' Fees in FRAND Dispute

The case is Optis Wireless Tech., LLC v. Huawei Device USA, IncEarlier in the litigation, the jury found that Huawei had willfully infringed certain patents, including four FRAND-committed SEPs, and awarded damages in the amount of $10.5 million.  (For previous discussion on this blog, see here.)  The court subsequently enhanced the damages in the amount of 25%.  As reported on Bloomberg earlier this week, this past Friday the court concluded that the case was "exceptional" and indicated that it would award attorneys' fees.  From the opinion (pp. 7-8):
Much of the conduct PanOptis complains of would not give rise to an exceptional case status if considered alone and separately but taken together within the totality of the circumstances this case stands out and is exceptional. Perhaps most egregiously, Huawei’s strategic withdrawal of its FRAND affirmative defenses immediately following the jury trial (while the jury deliberated) but immediately prior to the beginning of the bench trial was nothing less than rank gamesmanship that crossed the line of zealous advocacy. . . .
As a result, the court says it will award PanOptis "all its attorneys' fees and expenses incurred herein," and directs the plaintiffs to identify their expenses within 30 days.

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