Blog Post

Jan 26, 2016

Recovering Costs After Winning At the PTAB? Don't Count On It.

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Filing fees and other expenses incurred by the prevailing party in a CBM proceeding “are not recoverable” as “costs” under FRCP 54(d), ruled one district judge in the lawsuit Credit Acceptance Corporation v. Westlake Services, LLC et al, C.D. Cal. No. 13-01523.  
 
The plaintiff initiated the lawsuit in 2013 asserting that an online car loan processing tool offered by the defendants infringed the claims of the plaintiff’s business method patent.  The defendants responded by filing a CBM petition, which ultimately resulted in the PTAB finding several of the claims unpatentable under Section 101.  Rather than appealing the PTAB’s decision or pursuing patent claims not reviewed by the PTAB, the plaintiff moved to voluntarily dismiss its lawsuit with prejudice.
 
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