Congratulations to the CHZ litigation team for its precedent-se
tting win before the Federal Circuit Court of Appeals in PS Products Inc. v. Panther Trading Co. Inc., 2023-1665 (Fed. Cir. Dec. 6, 2024). Our team was defending a district court’s issuance of sanctions pursuant to its inherent authority, on top of the full award of attorney fees and costs already granted by the court under 35 U.S.C. § 285. In a well-reasoned precedential opinion, the Federal Circuit established that a “district court can impose sanctions under its inherent power in addition to awarding attorney fees and costs under § 285.” PS Products Inc. v. Panther Trading Co. Inc., 2023-1665 (Fed. Cir. Dec. 6, 2024). In a principal article published by Law360, lead attorney Stephen Zinda is quoted as saying he is “pleased that the Federal Circuit issued this as a precedential opinion, which clearly [establishes] that district courts can impose sanctions pursuant to their inherent power in addition to awarding attorney fees and costs” and that this new precedent will “undoubtedly help district courts address and deter frivolous patent suits filed solely for the purpose of extracting nuisance settlements.” https://www.law360.com/ip/articles/2270407/fed-circ-backs-25k-sanction-in-stun-device-design-ip-suit. https://www.law360.com/ip/articles/2270407/fed-circ-backs-25k-sanction-in-stun-device-design-ip-suit. The decision is also discussed in articles published by Patently-O (https://patentlyo.com/patent/2024/12/sanctions-courts-inherent.html) and Bloomberg Law (https://news.bloomberglaw.com/ip-law/federal-circuit-affirms-sanctions-against-design-patent-owner).
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