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Dish, Sirius can seek fees after PTAB win moots patent infringement case – Fed Circuit

A federal appeals court on Tuesday ruled that Dish Network and Sirius XM Radio can seek attorneys’ fees in a patent infringement lawsuit filed by Dragon Intellectual Property, but indicated disapproval of their plan to seek fees for work performed at the U.S. Patent Trial and Appeal Board.

The U.S. Court of Appeals for the Federal Circuit reversed a ruling by a federal judge in Delaware, who found that Dish and Sirius were not prevailing parties because they had not obtained a ruling on the merits. Instead, the judge had declared the case moot after the PTAB invalidated the portions of the patent at issue.

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