Newegg is famous for fighting patent trolls, and the company is currently trying to win fees from several cases where it has won or the troll has given up.
In one of those cases, Newegg fought a non-practicing entity called Pragmatus Telecom, which dropped its case against Newegg before discovery was complete. Newegg asked for attorneys fees but was rejected by the Delaware district court, which found that Newegg wasn’t the “prevailing party”—in other words, it hadn’t really won the case at all, so it couldn’t be granted fees.
Today the US Court of Appeals for the Federal Circuit overturned (PDF) that order, meaning Newegg will get a second shot at collecting fees. While the order is nonprecedential, the chance of defendants being awarded fees is changing the economics of the patent-trolling business.
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