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A Case That Really Stands Out in a Crowd: Judge Abrams Awards Attorneys Fees Where Plaintiff Ignores Pleading Deficiencies For Three Months | Patterson Belknap Webb & Tyler LLP

To embed, copy and paste the code into your website or blog: On December 10, 2020, United States District Judge Ronnie Abrams (S.D.N.Y.) granted Oath Inc. (“Oath”) and Quora, Inc. (“Quora”)’s motions for attorneys’ fees under 35 U.S.C. § 285. Section 285 permits courts to award reasonable attorneys’ fees to a prevailing party in exceptional cases. The standard was met here, according to Judge Abrams, most particularly because Plaintiff NetSoc, LLC (“NetSoc”) ignored deficiencies in its pleading for roughly three months after being informed of errors therein. Background NetSoc brought suit for infringement of U.S. Patent No. 9,978,107 (the “’107 Patent”), entitled

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