Anonymous ID: 5f4b91 April 20, 2018, 10:09 p.m. No.1126067   🗄️.is 🔗kun

http:// www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1400.Opinion.4-17-2018.1.PDF

 

United States

Court

of Appeals

for the Federal Circuit

____

KEITH RANIERE,

Plaintiff

-Appellant

v.

MICROSOFT CORPORATION, AT&T CORP.,

Defendants

-Appellees

____

2017-

1400, 2017-

1401

____

Appeals from the United States District Court for the

Northern District of Texas in Nos

. 3:15-

cv-00540-

M, 3:15-

cv-02298-

M, Chief Judge Barbara M.G. Lynn.

____

Decided:

April 18, 2018

____

R

OBERT

D

ALE

C

ROCKETT

, Crockett & Associates, Sa

n-

ta Clarita, CA, argued for plaintiff

-appellant. Also repr

e-

sented by

C

HASE

T

AJIMA

,

L

ISA

D

EARDEN

T

REPANIER

.

S

TEPHEN

B

LAKE

K

INNAIRD

,

Paul Hastings LLP, Was

h-

ington, DC, argued for defendants

-appellees. Defendant

-

appellee AT&T Corp. also represented by I

GOR

V

ICTOR

T

IMOFEYEV

;

C

HRISTOPHER

W

OOD

K

ENNERLY

, Palo Alto,

CA.

C

ONSTANTINE

L.

T

RELA

,

J

R

., Sidley Austin LLP, Ch

i-

cago, IL, for defendant

-appellee Microsoft Corporation.

 

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RANIERE v. MICROSOFT CORPORATION

By Mark Kachner and Sean S. Kim April 18, 2018

 

Edited by: Paul Stewart

 

Federal Circuit Summaries

 

Before Lourie, O’Malley, and Wallach. Appeal from the United States District Court for the Northern District of Texas

 

Summary: When a case is dismissed with prejudice for lack of standing, the defendant is the prevailing party for purposes of fee-shifting under 35 U.S.C. § 285.

 

Mr. Raniere sued Microsoft and AT&T for patent infringement. Raniere asserted he was the sole owner of the patents-in-suit. But years earlier, Raniere and his co-inventors had assigned all rights in the patents to an entity that was dissolved before Raniere sued. Defendants moved to dismiss for lack of standing. Despite the district court providing Raniere multiple opportunities to establish his ownership interest, he failed. The district court found Rainere was “wholly incredible and untruthful,” that he demonstrated “a clear history of delay and contumacious conduct,” and was unlikely to be able to cure the standing defect. The district court dismissed the suit with prejudice and awarded Microsoft and AT&T over $440,000 in fees under 35 U.S.C. § 285.

 

On appeal, Raniere argued that Microsoft and AT&T were not prevailing parties and the district court abused its discretion finding the case exceptional. The Federal Circuit held that that Microsoft and AT&T were prevailing parties. Microsoft and AT&T “won” because the dismissal “prevented Raniere from achieving a material alteration in the relationship between them,” and the dismissal “was tantamount to a decision on the merits.” The Federal Circuit also determined the district court did not abuse its discretion in finding the case exceptional and awarding defendants the majority of the requested fees.

 

This case is: RANIERE v. MICROSOFT CORPORATION

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