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No Attorneys’ Fees for Rifle Part Maker After PTAB Nixes Patent

April 13, 2020, 5:27 PM

A gun-trigger manufacturer can’t recover attorneys’ fees in an infringement lawsuit even after convincing the U.S. Patent and Trademark Office to invalidate the patent, because the owner dismissed the case without a court order, the Federal Circuit affirmed.

A voluntary dismissal without a court order doesn’t change the legal relationship between the parties, the U.S. Court of Appeals for the Federal Circuit said. Timney Triggers LLC, the alleged infringer, wasn’t a winning party entitled to fees, the appeals court said.

O.F. Mossberg & Sons Inc. bought U.S. Patent No. 7,293,385, related to a rifle trigger system. Mossberg entered licensing ...