Dish, Sirius Get New Fee Shot in Mooted Case, Fed. Cir. Says (1)

Dish Network LLC and Sirius XM Radio Inc. will get a new chance to argue they deserve attorneys’ fees in a patent case, after the Federal Circuit said Tuesday that fees may be awarded even for procedural victories.

The U.S. District Court for the District of Delaware wrongly decided that Dish and Sirius weren’t prevailing parties after finding that a mooted case against them wasn’t a win on the merits, the Federal Circuit said. It remanded for the district court to determine whether attorneys’ fees were justified because the case was exceptional.

The decision means defendants won’t have to choose ...