District Court Erred in Denying Section 285 Fees to Prevailing Party: Federal Circuit


In Future Link Systems, LLC v. Realtek Semiconductor Corp., the US Court of Appeals for the Federal Circuit vacated the US District Court for the Westen District of Texas’s denial of attorney fees under 35 U.S.C. § 285 and costs under Rule 54(d)(1) to Realtek Semiconductor Corp., holding that the district court made Realtek a prevailing party when it converted Future Link Systems LLC’s voluntary dismissals to dismissals with prejudice.

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