Mark and Team Win Federal Circuit Appeal

Jul 13, 2017

Mark and his team scored a huge victory for client Newegg in the Federal Circuit today.  The court reprimanded Eastern District of Texas Judge Rodney Gilstrap for not awarding attorneys’ fees to Newegg after a “baseless” patent suit brought by Acacia Research Corp. subsidiary AdjustaCam LLC.  After a now-retired judge denied Newegg’s first request for fees, the Federal Circuit ordered the decision to be reconsidered in 2015, where the case was then assigned to Judge Gilstrap.  Judge Gilstrap then denied the request for fees a second time.  Today, the Federal Circuit reprimanded Judge Gilstrap in a precedent-setting opinion for failing to follow its previous order, and completing an “erroneous assessment of the evidence.”  The higher court ordered the district court to award fees to Newegg on remand.