Kramer Levin Wins Appeal That Allows Sirius XM to Pursue Attorneys’ Fees After Prevailing in Patent Infringement Lawsuit

On Tuesday, April 21, the Federal Circuit vacated and remanded the District of Delaware’s prior order denying Sirius XM Radio Inc.’s motion for attorney fees in the underlying patent litigation Dragon Intellectual Property LLC v. Sirius XM Radio Inc.. In its Opinion, the Federal Circuit agreed with Sirius XM and co-appellant DISH Network LLC, that Sirius XM and DISH were prevailing parties, for purposes of seeking attorneys’ fees, in the district court litigation based on their success in invalidating the asserted patent before the PTAB in a co-related Inter Partes Review proceeding. The Federal Circuit previously upheld the invalidity determination. The Federal Circuit instructed the district court, on remand, to consider the fee motions and determine whether the case should be deemed exceptional such that attorneys’ fees should be awarded. 

The Sirius XM team was represented by Intellectual Property partner Mark Baghdassarian and associate Shannon Hedvat.