Realtek Seeks to Revive Bid for Fees in Patent ‘Bounty’ Case (1)

A Federal Circuit panel questioned whether a district judge in Texas was right to deny attorneys’ fees to Realtek Semiconductor Corp. after dismissing Future Link System LLC’s patent suit against the company with prejudice.

At issue in the appeal was whether Realtek is the “prevailing party” over Future Link, which is necessary for it to be awarded fees under the Patent Act. Michael Murray, a Paul Hastings partner representing Realtek, argued Judge Alan D. Albright was wrong to conclude otherwise after he had converted Future Link’s voluntary dismissal of its lawsuit into a dismissal with prejudice—which was done after Realtek ...