Dish, Sirius Denied PTAB Fees in ‘Exceptional’ Patent Suit

Dish Network LLC and Sirius XM Radio Inc. are owed attorneys’ fees spent fighting a suit over an audiovisual recording device patent, although money spent at the Patent Trial and Appeal Board won’t be included, a Delaware federal judge decided.

Judge Richard Andrews in the U.S. District Court for the District of Delaware adopted a magistrate judge’s report, which found Dragon Intellectual Property LLC’s suits were “exceptional” because Dragon continued to press the cases even though Dish and Sirius couldn’t infringe.

Dish and Sirius argued their fee awards should include money spent successfully challenging the patent in inter partes ...