Facebook Tells Justices PTAB Win Justifies Award Of Costs

Law360 (September 18, 2020, 7:00 PM EDT) — Facebook has urged the U.S. Supreme Court to affirm a $4,400 award of costs, saying the Federal Circuit correctly applied the high court’s precedent in determining that the social media giant was the prevailing party in a district court patent infringement suit.

In a response Thursday to B.E. Technology’s appeal of the October decision, Facebook said the Federal Circuit rightly determined that invalidating B.E.’s patent at the Patent Trial and Appeal Board made it the prevailing party in parallel district court litigation because the case was dismissed as moot after the PTAB win. 

In its May petition for certiorari, B.E. Technology…

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