Legal Opinion

Checkpoint Systems, Inc. v. All-Tag Security S.A.

Court of Appeals for the Federal Circuit

Decided June 5, 2017No. 2016-1397PublishedCited by 62 opinions

1Opinion of the Court

NEWMAN, Circuit Judge.

This is the second attorney fee appeal arising from a patent infringement suit brought by Checkpoint Systems, Inc. (“Checkpoint”) against AU-Tag Security S.A., AU-Tag Security Americas, Inc., Sensormatic Electronics Corp., and Kobe Properties SARL (collectively, “AU-Tag”). The district court deemed the case “exceptional” and awarded attorney fees to AU-Tag. 1 We conclude that the court erred in its application of fee-shifting principles; the award is reversed.

Background

U.S. Patent No. 4,876,555 (“the ’555 patent”) relates to improved anti-theft tags that are attached to…

2Cases cited8 opinions

  1. Octane Fitness, LLC v. ICON Health & Fitness, Inc.Supreme Court of the United States · 2014
  2. Highmark Inc. v. Allcare Health Management System, Inc.Supreme Court of the United States · 2014
  3. ResQNet. Com, Inc. v. Lansa, Inc.Court of Appeals for the Federal Circuit · 2010
  4. Park-In-Theatres, Inc. v. PerkinsCourt of Appeals for the Ninth Circuit · 1951
  5. Sfa Systems, LLC v. Newegg Inc.Court of Appeals for the Federal Circuit · 2015

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3Cited by62 opinions

  1. Eko Brands, LLC v. Adrian Rivera Maynez Enters.Court of Appeals for the Federal Circuit · 2020
  2. Stone Basket Innovations, LLC v. Cook Medical LLCCourt of Appeals for the Federal Circuit · 2018
  3. Thermolife International LLC v. Gnc CorporationCourt of Appeals for the Federal Circuit · 2019
  4. Munchkin, Inc. v. Luv N' Care, Ltd.Court of Appeals for the Federal Circuit · 2020
  5. Adjustacam, LLC v. Newegg, Inc.Court of Appeals for the Federal Circuit · 2017

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