At page 1342 Review of patent validity and on-sale bar issues147 citing cases'[A] court has a duty to inquire into its jurisdiction to hear and decide a case." (citing Johannsen v. Pav Less Druo Stores N.W., lnc., 918 F.2d 160 , 161 (Fed. Cir. 1990))
- Perfect Form Mfg. LLC v. United States, No. 18-52 (Fed. Cl. May 20, 2022).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.)
- Reaves v. United States, No. 16-141 (Fed. Cl. Aug. 10, 2021).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.)
- Tanasescu v. United States, No. 21-1289, 2021 WL 2010295 (Fed. Cl. May 19, 2021).unpublished([A] court has a duty to inquire into its jurisdiction to hear and decide a case.)
- Al-Juthoor Contracting Co. v. United States, 129 Fed. Cl. 599 (Fed. Cl. 2016).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.)
- Allen v. United States, 125 Fed. Cl. 138 (Fed. Cl. 2016).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.)
- Sra Int'l, Inc. v. United States, 114 Fed. Cl. 247 (Fed. Cl. 2014).published(Jurisdiction is a threshold issue that the court may raise sua sponte.)
- Etchegoinberry v. United States, No. 11-564C (Fed. Cl. May 19, 2023).published“a [federal] court has a duty to inquire into its jurisdiction to hear and decide a case”
- L3 Tech., Inc. Commc'n Sys.-West v. United States, No. 21-1819 (Fed. Cl. July 22, 2022).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed. Cir. 1990)))
- Grill v. United States, No. 13-747 (Fed. Cl. Aug. 9, 2021).published“a court has a duty to inquire into its jurisdiction to hear and decide a case”
- Mortg. Contracting Servs., LLC v. United States, No. 20-1230 (Fed. Cl. Mar. 18, 2021).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed. Cir. 1990)))
Show 125 more citing cases
- Asset Prot. & Sec. Servs., L.P. v. United States, No. 20-449 (Fed. Cl. Oct. 1, 2020).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed. Cir. 1990)))
- Hvf West, LLC v. United States, No. 20-541 (Fed. Cl. Sept. 18, 2020).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed. Cir. 1990)))
- MCI Diagnostic Ctr., LLC v. United States, No. 19-1624 (Fed. Cl. Mar. 5, 2020).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160 , 161 (Fed. Cir. 1990)))
- Vet. Shredding, LLC v. United States, No. 19-945 (Fed. Cl. Jan. 14, 2020).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed. Cir. 1990)))
- Land Shark Shredding, LLC v. United States, No. 19-508 (Fed. Cl. Nov. 2, 2019).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160 , 161 (Fed. Cir. 1990)))
- Jaye v. United States, No. 19-1458 (Fed. Cir. Aug. 6, 2019).unpublished“In fact, a court has a duty to inquire into its jurisdiction to hear and decide a case”
- Mls-Multinational Logistic Servs., Ltd v. United States, No. 18-998 (Fed. Cl. June 11, 2019).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160 , 161 (Fed. Cir. 1990)))
- Meissner v. United States, No. 17-928 (Fed. Cl. Mar. 8, 2018).publishedInc. v. OEA, Inc., 269 F.3d 1340, 1342 (Fed.
- Scranage, Jr. v. United States, No. 17-1103 (Fed. Cl. Aug. 30, 2017).unpublishedAnd so, “a court has a duty to inquire into its jurisdiction to hear and decide a case.” Speeial Devices, lne., v. OEA lnc., 269 F.3d 1340, 1342-43 (Fed.
- Garcia-Gines v. United States, 131 Fed. Cl. 689 (Fed. Cl. 2017).publishedHenderson v. Shinseki, 562 U.S. 428, 434 , 131 S.Ct. 1197 , 179 L.Ed.2d 159 (2011); see also Gonzalez v. Thaler, 565 U.S. 134 , 132 S.Ct. 641, 648 , 181 L.Ed.2d 619 (2012) (“When a requirement goes to subject-matter jurisdiction, courts ar…
- Townsend v. United States, No. 16-1424 (Fed. Cl. Dec. 1, 2016).unpublished“a court has a duty to inquire into its jurisdiction to hear and decide a case”
- Refaei v. United States, 129 Fed. Cl. 1 (Fed. Cl. 2016).published([A] court has a duty, to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed. Cir. 1990)))
- Howard v. United States, No. 16-1302 (Fed. Cl. Oct. 17, 2016).unpublishedAnd so, the Court must dismiss a claim seeking to review the decisions of district courts for lack of subject- matter jurisdiction ld. lt is also well established that “‘subject-matter jurisdiction, because it involves a couit’s power to h…
- Jeun v. United States, 128 Fed. Cl. 203 (Fed. Cl. 2016).publishedHenderson v. Shinseki, 562 U.S. 428, 434 , 131 S.Ct. 1197 , 179 L.Ed.2d 159 (2011); see also Gonzalez v. Thaler, — U.S. -, 132 S.Ct. 641, 648 , 181 L.Ed.2d 619 (2012) (“When a requirement goes to subject-matter jurisdiction, courts are obl…
- Palantir Tech. Inc. v. United States, 128 Fed. Cl. 21 (Fed. Cl. 2016).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed.Cir.1990)))
- Diaz v. United States, 127 Fed. Cl. 664 (Fed. Cl. 2016).publishedInc., 269 F.3d 1340, 1342 (Fed.Cir.2001) (“[A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed.Cir.1990)); View Eng’g, Inc. v. Robot…
- Hood v. United States, 127 Fed. Cl. 192 (Fed. Cl. 2016).publishedHenderson v. Shinseki, 562 U.S. 428, 434 , 131 S.Ct. 1197 , 179 L.Ed.2d 159 (2011); see also Gonzalez v. Thaler, — U.S.-, 132 S.Ct. 641, 648 , 181 L.Ed.2d 619 (2012) (“When a requirement goes to subject-matter jurisdiction, courts are obli…
- Pricewaterhousecoopers Pub. Sector, LLP v. United States, 126 Fed. Cl. 328 (Fed. Cl. 2016).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed. Cir. 1990)))
- Petro-Hunt, L.L.C. v. United States, No. 11-775 (Fed. Cl. Apr. 26, 2016).publishedHenderson v. Shinseki, 131 S. Ct. 1197, 1202 (2011); see also Gonzalez v. Thaler, 132 S. Ct. 641, 648 (2012) (“When a requirement goes to subject-matter jurisdiction, courts are obligated to consider sua sponte issues that the parties have…
- Lea v. United States, 126 Fed. Cl. 203 (Fed. Cl. 2016).publishedHenderson v. Shinseki, 562 U.S. 428 , 131 S.Ct. 1197 , 179 L.Ed.2d 159 (2011); see also Gonzalez v. Thaler, — U.S. -, 132 S.Ct. 641, 648 , 181 L.Ed.2d 619 (2012) (“When a requirement goes to subject-matter jurisdiction, courts are obligate…
- Universal Prot. Serv., Lp v. United States, 126 Fed. Cl. 173 (Fed. Cl. 2016).published([A] court has a duty to inquire into its jurisdiction to.hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed. Cir. 1990)))
- Caldwell v. United States, No. 16-357 (Fed. Cl. Mar. 25, 2016).unpublishedInc. v. oEA. lnc., 269 F.3d 1340,1342 (Fed. cir. 2001) ('lAl court has a outy to rnquire into its jurisdiction to hear and decide a case." (citing Johannsen v. pav Less Druo Siores N.w.. hg., 918 F.2d 160 , 161 (Fed.
- Ingham Reg'l Med. Ctr. v. United States, 126 Fed. Cl. 1 (Fed. Cl. 2016).publishedHenderson v. Shinseki, 562 U.S. 428 , 131 S.Ct. 1197, 1202 , 179 L.Ed.2d 159 (2011); see also Gonzalez v. Thaler, — U.S. -, 132 S.Ct. 641, 648 , 181 L.Ed.2d 619 (2012) (“When a requirement goes to subject-matter jurisdiction, courts are ob…
- Lake Borgne Basin Levee Dist. v. United States, 127 Fed. Cl. 321 (Fed. Cl. 2016).published([A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160 , 161 (Fed. Cir. 1990)))
- Petro-Hunt, L.L.C. v. United States, 126 Fed. Cl. 367 (Fed. Cl. 2016).publishedHenderson v. Shinseki, 562 U.S. 428 , 131 S.Ct. 1197, 1202 , 179 L.Ed.2d 159 (2011); see also Gonzalez v. Thaler, — U.S. -, 132 S.Ct. 641, 648 , 181 L.Ed.2d 619 ,(2012) (“When a requirement goes to subject-matter jurisdiction, courts are o…
- Vir v. United States, 125 Fed. Cl. 293 (Fed. Cl. 2016).publishedHenderson v. Shinseki, 562 U.S. 428 , 131 S.Ct. 1197, 1202 , 179 L.Ed.2d 159 (2011); see also Gonzalez v. Thaler, — U.S. —, 132 S.Ct. 641, 648 , 181 L.Ed.2d 619 (2012) (“When a requirement goes to subject-matter jurisdiction, courts are ob…
- Nie v. United States, No. 15-1071 (Fed. Cl. Feb. 5, 2016).unpublishedHenderson v. Shinseki, 562 U.S. 428, 434 (2011); §e_eall Gonzalez v. Thaler, 132 S. Ct. 641, 648 (2012) ("When a requirement goes to subject-matter jurisdiction, courts are obligated to consider sua sponte issues that the parties have disc…
- Cotner v. United States, No. 15-1236 (Fed. Cl. Jan. 14, 2016).unpublishedThaler, 132 S. Ct. 641 , 648 (2012) ("When a requirement goes to subjecfmatter jurisdiction, courts are obligated to consider sua sponfe issues that the parties have disclaimed or have not presented."); Hertz Corp. v. Friend, 559 U.S. 77,9…
- Ogunniyi v. United States, 124 Fed. Cl. 525 (Fed. Cl. 2015).publishedHenderson v. Shinseki 562 U.S. 428 , 131 S.Ct. 1197 , 179 L.Ed.2d 159 (2011); see also Gonzalez v. Thaler, - U.S.-, 132 S.Ct. 641, 648 , 181 L.Ed.2d 619 (2012) (“When a requirement goes to subject-matter jurisdiction, courts are obligated…
- Avid Identification Sys. v. Crystal Imp. Corp., No. 09-1216 (Fed. Cir. Apr. 27, 2010).published
- Stobie Creek Investments LLC v. United States, 608 F.3d 1366 (Fed. Cir. 2010).published
- Barbacid v. Brown, 223 F. App'x 972 (Fed. Cir. 2007).unpublished
- Avid Identification Sys., Inc. v. Crystal Imp. Corp., 603 F.3d 967 (Fed. Cir. 2010).published
- Sheryl Taylor v. United States, 114 Fed. Cl. 185 (Fed. Cl. 2014).published
- Brickey v. United States, 116 Fed. Cl. 71 (Fed. Cl. 2014).published
- Driessen v. United States, 116 Fed. Cl. 33 (Fed. Cl. 2014).published
- Williams v. United States, No. 1:14-cv-00101 (Fed. Cl. Feb. 7, 2014).unpublished
- Manuel v. United States, 115 Fed. Cl. 105 (Fed. Cl. 2014).published
- Coleman v. United States, 116 Fed. Cl. 461 (Fed. Cl. 2014).published
- Bair v. United States, No. 1:14-cv-00460 (Fed. Cl. June 13, 2014).published
- Free-Pacheco v. United States, 117 Fed. Cl. 228 (Fed. Cl. 2014).published
- Orbis Sibro, Inc. v. United States, 117 Fed. Cl. 446 (Fed. Cl. 2014).published
- Walker v. United States, 117 Fed. Cl. 304 (Fed. Cl. 2014).published
- Threshold Tech., Inc. v. United States, 117 Fed. Cl. 681 (Fed. Cl. 2014).published
- New Hampshire Flight Procurement, LLC v. United States, 118 Fed. Cl. 203 (Fed. Cl. 2014).published
- Champion v. United States, No. 1:14-cv-00955 (Fed. Cl. Oct. 10, 2014).unpublished
- Austin v. United States, 118 Fed. Cl. 776 (Fed. Cl. 2014).published
- Albemarle Corp. & Subsidiaries v. United States, 118 Fed. Cl. 549 (Fed. Cl. 2014).published
- Long v. United States, No. 14-1249 (Fed. Cl. Jan. 15, 2015).unpublished
- Cycenas v. United States, 120 Fed. Cl. 485 (Fed. Cl. 2015).published
- Harrison v. United States, 120 Fed. Cl. 533 (Fed. Cl. 2015).published
- Barnard v. United States, 120 Fed. Cl. 698 (Fed. Cl. 2015).published
- Martti v. United States, 121 Fed. Cl. 87 (Fed. Cl. 2015).published
- Visual Connections, LLC v. United States, 120 Fed. Cl. 684 (Fed. Cl. 2015).published
- Foster v. United States, No. 15-61 (Fed. Cl. May 21, 2015).unpublished
- Stein v. United States, 121 Fed. Cl. 248 (Fed. Cl. 2015).published
- Ilaw v. United States, 121 Fed. Cl. 408 (Fed. Cl. 2015).published
- Baber v. United States, 121 Fed. Cl. 807 (Fed. Cl. 2015).published
- Veasey v. United States, 122 Fed. Cl. 584 (Fed. Cl. 2015).published
- Jones v. United States, 122 Fed. Cl. 490 (Fed. Cl. 2015).published
- Woodruff v. United States, 122 Fed. Cl. 761 (Fed. Cl. 2015).published
- Cordova v. United States, 123 Fed. Cl. 685 (Fed. Cl. 2015).published
- Little v. United States, 124 Fed. Cl. 256 (Fed. Cl. 2015).published
- Nie v. United States, 124 Fed. Cl. 334 (Fed. Cl. 2015).published
- El v. United States, No. 15-388 (Fed. Cl. Dec. 2, 2015).published
- Summit Multi-Fam. Hous. Corp. v. United States, 124 Fed. Cl. 562 (Fed. Cl. 2015).published
- Florida Power & Light Co. v. United States, 64 Fed. Cl. 37 (Fed. Cl. 2005).published
- Beach v. United States, 68 Fed. Cl. 289 (Fed. Cl. 2005).published
- Bianchi v. United States, 68 Fed. Cl. 442 (Fed. Cl. 2005).published
- Murphy v. United States, 69 Fed. Cl. 593 (Fed. Cl. 2006).published
- Federico v. United States, 70 Fed. Cl. 378 (Fed. Cl. 2006).published
- Nalette v. States, 72 Fed. Cl. 198 (Fed. Cl. 2006).published
- KSD, Inc. v. United States, 72 Fed. Cl. 236 (Fed. Cl. 2006).published
- Tinsley v. United States, 72 Fed. Cl. 326 (Fed. Cl. 2006).published
- Rutledge v. United States, 72 Fed. Cl. 396 (Fed. Cl. 2006).published
- Dachman v. United States, 73 Fed. Cl. 508 (Fed. Cl. 2006).published
- Stamps v. United States, 73 Fed. Cl. 603 (Fed. Cl. 2006).published
- Landers v. United States, 74 Fed. Cl. 668 (Fed. Cl. 2006).published
- Decristofaro v. United States, 74 Fed. Cl. 717 (Fed. Cl. 2006).published
- Moore v. Pub. Defenders Off., 76 Fed. Cl. 617 (Fed. Cl. 2007).published
- Moore v. Durango Jail, 77 Fed. Cl. 92 (Fed. Cl. 2007).published
- Arunga v. Clinton, 77 Fed. Cl. 120 (Fed. Cl. 2007).published
- United States Fire Ins. v. United States, 78 Fed. Cl. 308 (Fed. Cl. 2007).published
- Taylor v. United States, 80 Fed. Cl. 376 (Fed. Cl. 2008).published
- Woodruff v. United States, 80 Fed. Cl. 806 (Fed. Cl. 2008).published
- Sageman v. United States, 82 Fed. Cl. 367 (Fed. Cl. 2008).published
- Levy v. United States, 83 Fed. Cl. 67 (Fed. Cl. 2008).published
- Vanderpool v. United States, 84 Fed. Cl. 66 (Fed. Cl. 2008).published
- Salt River Pima-Maricopa Indian Cmty. v. United States, 86 Fed. Cl. 607 (Fed. Cl. 2009).published
- Young v. United States, 88 Fed. Cl. 283 (Fed. Cl. 2009).published
- Brown v. United States, 88 Fed. Cl. 322 (Fed. Cl. 2009).published
- Larson v. United States, 89 Fed. Cl. 363 (Fed. Cl. 2009).published
- Digit. Tech., Inc. v. United States, 89 Fed. Cl. 711 (Fed. Cl. 2009).published
- Sabree v. United States, 90 Fed. Cl. 683 (Fed. Cl. 2009).published
- Modena v. Neff, 91 Fed. Cl. 29 (Fed. Cl. 2010).published
- Akinro v. United States, 91 Fed. Cl. 650 (Fed. Cl. 2010).published
- Schooner Harbor Ventures, Inc. v. United States, 92 Fed. Cl. 373 (Fed. Cl. 2010).published
- Parker v. United States, 93 Fed. Cl. 159 (Fed. Cl. 2010).published
- Perales v. United States, 93 Fed. Cl. 495 (Fed. Cl. 2010).published
- Moore v. United States, 94 Fed. Cl. 456 (Fed. Cl. 2010).published
- Nwogu v. United States, 94 Fed. Cl. 637 (Fed. Cl. 2010).published
- Vero Technical Support, Inc. v. United States, 94 Fed. Cl. 784 (Fed. Cl. 2010).published
- Chinsammy v. United States, 95 Fed. Cl. 21 (Fed. Cl. 2010).published
- Allied Home Mortg. Capital Corp. v. United States, 95 Fed. Cl. 769 (Fed. Cl. 2010).published
- Hernandez v. United States, 96 Fed. Cl. 195 (Fed. Cl. 2010).published
- D.Y.C.K. v. Albertelli Law, 98 Fed. Cl. 624 (Fed. Cl. 2011).published
- Waltner v. United States, 98 Fed. Cl. 737 (Fed. Cl. 2011).published
- Hoag v. United States, 99 Fed. Cl. 246 (Fed. Cl. 2011).published
- Braho v. Not Identified, 99 Fed. Cl. 355 (Fed. Cl. 2011).published
- Jackson v. United States, 100 Fed. Cl. 34 (Fed. Cl. 2011).published
- Semper v. United States, 100 Fed. Cl. 621 (Fed. Cl. 2011).published
- Harris v. United States, 102 Fed. Cl. 390 (Fed. Cl. 2011).published
- Jefferson v. United States, 104 Fed. Cl. 81 (Fed. Cl. 2012).published
- Jones v. United States, 104 Fed. Cl. 92 (Fed. Cl. 2012).published
- Prophet v. United States, 106 Fed. Cl. 456 (Fed. Cl. 2012).published
- Kortlander v. United States, 107 Fed. Cl. 357 (Fed. Cl. 2012).published
- Evans v. United States, 107 Fed. Cl. 442 (Fed. Cl. 2012).published
- Keehn v. United States, 110 Fed. Cl. 306 (Fed. Cl. 2013).published
- Marcum LLP v. United States, 112 Fed. Cl. 167 (Fed. Cl. 2013).published
- Vasko v. United States, 112 Fed. Cl. 204 (Fed. Cl. 2013).published
- Bair v. Attorney Gen., 116 Fed. Cl. 699 (Fed. Cl. 2014).published
- Palladian Partners, Inc. v. United States, 119 Fed. Cl. 417 (Fed. Cl. 2014).published
- Alston-Bullock v. United States, 122 Fed. Cl. 38 (Fed. Cl. 2015).published
- Aziz El ex rel. Kamal-Jalal v. United States, 124 Fed. Cl. 487 (Fed. Cl. 2015).published
- Informatics Applications Grp., Inc. v. Shkolnikov, 836 F. Supp. 2d 400 (E.D. Va. 2011).published
At page 1343 Determining finality of unquantified attorney fee awards10 citing cases“a decision to award attorney fees under 35 u.s.c. 285 is not final and appealable before the award has been quantified.”
- Elbit Sys. Land & C4i Ltd v. Hughes Network Sys., LLC, 927 F.3d 1292 (Fed. Cir. 2019).published“a decision to award attorney fees under 35 u.s.c. 285 is not final and appealable before the award has been quantified.”
- Electro-Mech. Indus., Inc. v. Universal Support Sys., LLC, 359 F. App'x 160 (Fed. Cir. 2009).unpublished
- Haberman v. Gerber Prods. Co., 236 F. App'x 592 (Fed. Cir. 2007).unpublished
- Serio-US Indus., Inc. v. Plastic Recovery Tech. Corp., 459 F.3d 1311 (Fed. Cir. 2006).published
- Q-Pharma, Inc. v. The Andrew Jergens Co., 360 F.3d 1295 (Fed. Cir. 2004).published
- Orenshteyn v. Citrix Sys., Inc., 691 F.3d 1356 (Fed. Cir. 2012).published
- Cordance Corp. v. Amazon. Com, Inc., 696 F. Supp. 2d 445 (D. Del. 2010).published
- Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co., 825 F. App'x 773 (Fed. Cir. 2020).unpublished
- Brooks Furniture Mfg., Inc. v. Dutailier Int'l, Inc., 44 F. App'x 487 (Fed. Cir. 2002).unpublished
- Chrimar Sys., Inc. v. Foundry Networks, Inc., 976 F. Supp. 2d 918 (E.D. Mich. 2013).published
At page 1344 Determining attorney fee award amount based on exceptionality10 citing casesnoting that “the amount of attorney fees awarded may be zero, even though the case is exceptional
- DataTern, Inc. v. Blazent, Inc., No. 1:11-cv-11970 (D. Mass. June 5, 2018).([T]he amount of the attorney fees depends on the extent to which the case is exceptional.)
- Ingevity Corp. v. MAHLE Filter Sys. North Am., Inc., No. 1:18-cv-06158 (N.D. Ill. Mar. 7, 2023).(noting that “the amount of attorney fees awarded may be zero, even though the case is exceptional)
- DataTern, Inc. v. MicroStrategy, Inc., No. 1:11-cv-12220 (D. Mass. Dec. 3, 2018).Cir. 2015) (quoting Special Devices, Inc. v. OEA, Inc., 269 F.3d 1340, 1344 (Fed.
- Large Audience Display Sys., LLC v. Tennman Prods., LLC, 660 F. App'x 966 (Fed. Cir. 2016).unpublished“bear some relation to the extent of the misconduct”
- Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc., 687 F.3d 1300 (Fed. Cir. 2012).published
- NTP, Inc. v. Rsch. in Motion, Ltd., 270 F. Supp. 2d 751 (E.D. Va. 2003).published
- Engineered Prods. Co. v. Donaldson Co., Inc., 335 F. Supp. 2d 973 (N.D. Iowa 2004).published
- Cartner v. Alamo Grp., Inc., 561 F. App'x 958 (Fed. Cir. 2014).unpublished
- Integrated Tech. Corp. v. Rudolph Tech., Inc., 629 F. App'x 972 (Fed. Cir. 2015).unpublished
- Abbott Point of Care, Inc. v. Epocal, Inc., 908 F. Supp. 2d 1231 (N.D. Ala. 2012).published
At page 1346 Limiting precedent on attorney fees when merits are not decided5 citing cases“accounting,' as used in the statute, refers to infringe- ment damages pursuant to 35 u.s.c. 284 .”
- Robert Bosch, Llc v. Pylon Mfg. Corp., 719 F.3d 1305 (Fed. Cir. 2013).published “accounting,' as used in the statute, refers to infringe- ment damages pursuant to 35 u.s.c. 284 .”
- Myco Indus., Inc. v. Blephex, LLC, 955 F.3d 1 (Fed. Cir. 2020).publishedLand & C4I Ltd. v. Hughes Network Syst., LLC, 927 F.3d 1292, 1305 (Fed. Cir. 2019); Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018); Special Devices, Inc. v. OEA, Inc., 269 F.3d 1340, 1346 (Fed. Cir. 2001). iii.
- Orenshteyn v. Citrix Sys., Inc., 691 F.3d 1356 (Fed. Cir. 2012).published
- Franklin Fed. Sav. Bank v. United States, 69 Fed. Cl. 1360 (Fed. Cir. 2005).published
- Dethmers Mfg. Co., Inc. v. Automatic Equip. Mfg Co., Defendant/cross-Appellant, 272 F.3d 1365 (Fed. Cir. 2001).published
At page 1345 Determining finality of unquantified attorney fee awards3 citing cases“majorette toys analogized to the accounting exception of 28 u.s.c. 1292 (c)(2),”
- Orenshteyn v. Citrix Sys., Inc., 691 F.3d 1356 (Fed. Cir. 2012).published
- Brooks Furniture Mfg., Inc. v. Dutailier Int'l, Inc., 44 F. App'x 487 (Fed. Cir. 2002).unpublished
- Falana v. Kent State Univ., 669 F.3d 1349 (Fed. Cir. 2012).published
Other citing cases
- Warsaw Orthopedic, Inc. v. Nuvastve, Inc., 515 F. App'x 882 (Fed. Cir. 2012).unpublished
v.
OEA, INC., Defendant-Appellant
OEA, Inc., appeals from the decision of the United States District Court for the Central District of California holding that the underlying patent infringement suit was exceptional, justifying an award of attorney fees to Special Devices, Inc. After first holding that OEA’s U.S. Patent 5,404,263 was invalid under the on-sale bar of 35 U.S.C. § 102(b), Special Devices, Inc. v. OEA, Inc., 117 F.Supp.2d 989, 56 USPQ2d 1627 (C.D.Cal.2000) (“Special Devices I”), af f'd Special Devices, Inc. v. OEA, Inc., 270 F.3d 1353 (Fed.Cir.2001) (“Special Devices III ”), the district court found the case exceptional on the grounds of litigation misconduct and inequitable conduct by OEA before the Patent and Trademark Office (“PTO”) in obtaining the '263 patent, Special Devices, Inc. v. OEA Inc., 131 F.Supp.2d 1171 (C.D.Cal.2001) (“Special Devices II ”). The district court reserved determination of the amount of attorney fees for a later time. Id. at 1180.
Because the district court’s award of attorney fees for an unspecified amount is not a final decision, we lack jurisdiction to hear this appeal. Accordingly, we dismiss.
BACKGROUND
The factual background is set forth more fully in Special Devices III. Only a[*1342] brief summary of the most pertinent background facts is repeated here.
OEA’s '263 patent relates to an all-glass header assembly used to trigger inflation of an air bag. OEA out-sourced production of some units of the invention to Coors Ceramics Co. Id. at 1172. Pursuant to that arrangement, Coors sold units of the invention to OEA prior to the critical date, one year before the filing of the patent application. Id. OEA and Coors filed separate patent applications on the same date, id., those applications being prosecuted by the same law firm, Sheridan & Ross, that was aware of the Coors OEA sales but did not disclose those sales to the PTO. Id. at 1173. The PTO issued the '263 patent with device and apparatus claims.
The PTO also issued U.S. Patent 5,243,-492 to Coors containing method claims only. Coors later filed an application to reissue that patent, seeking device claims. Id. The reissue application was prosecuted by different attorneys, who did disclose the Coors OEA sales. Id. OEA filed a protest in the reissue proceedings, arguing that the Coors OEA sales were an on-sale bar as to Coors. Id. Coors eventually abandoned the reissue application in acquiescence to a rejection under § 102(b) on the ground that the Coors OEA sales were an on-sale bar. Id. at 1174.
While Coors was attempting to traverse the on-sale bar rejection in the reissue proceedings, OEA contacted Special Devices to state its opinion that Special Devices was infringing the '263 patent. Id. However, Special Devices disagreed and brought suit against OEA seeking declaratory judgments of patent invalidity and noninfringement. Id. The district court granted partial summary judgment in favor of Special Devices, holding the '263 patent invalid under 35 U.S.C. § 102(b) on the ground that the Coors OEA sales violated the on-sale bar. Special Devices I at 996, 56 USPQ2d at 1633. This court affirmed in Special Devices III.
Two weeks after entry of judgment in Special Devices I, Special Devices filed a motion for attorney fees. The district court granted the motion, deeming the case exceptional within the meaning of 35 U.S.C. § 285. [1] Special Devices II at 1180. In the opinion of the district court, an award of attorney fees was warranted principally because of (1) OEA’s inequitable conduct in failing to disclose the Coors OEA transactions and misrepresentation of inventorship to the PTO, id. at 1176-78, and (2) OEA’s litigation misconduct, viz., nonproduction of documents relating to the Coors OEA transactions, id. at 1178-80. Because the district court did not have before it any evidence regarding the amount of attorney fees to which Special Devices was _ entitled, the court deferred quantifying the award. Id. The court stated that, after receipt of relevant evidence and briefing, it would “then determine the compensatory amount of the award in light of the offender’s conduct.” Id. This appeal, purporting to be an appeal from a final judgment, was filed before the district court proceeded any further toward quantifying the attorney fees award.
DISCUSSION
Jurisdiction is a threshold issue that the court may raise sua sponte. Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161, 16 USPQ2d 1697, 1698 (Fed.Cir.1990). In fact, a court has a duty to inquire into its jurisdiction to hear and decide a case. Id.; View Eng’g, Inc. v. Robotic Vision Sys., Inc., 115 F.3d 962, 963, 42 USPQ2d 1956, 1957 (Fed.Cir.1997) (“[C]ourts must always look to their juris[*1343] diction, whether the parties raise the issue or not”)- Accordingly, although not raised by the parties, we inquire into the issue whether we have jurisdiction over the district court’s judgment.
Jurisdiction of this appeal arises from compliance with 28 U.S.C. § 1295(a)(1), which reads as follows:
I. The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction—
(1) of an appeal from a final decision of a district court of the United States ... if the jurisdiction of that court was based, in whole or in part, on section 1338 of this title except [cases involving only copyright, mask work or trademark claims without patent claims].
28 U.S.C. § 1295(a)(1) (1994). By its express terms, § 1295(a)(1) requires that the decision of the district court be “final.” [2]
The issue presented by this case is whether an award of attorney fees in an exceptional case, pursuant to 35 U.S.C. § 285, where that award is unquantified, is a final decision within the meaning of 28 U.S.C. § 1295(a)(1). We conclude that it is not.
We apply Federal Circuit law on the issue as to whether an unquantified award of attorney fees pursuant to 35 U.S.C. § 285 is final. We do so because the awarding of attorney fees pursuant to 35 U.S.C. § 285 is an issue unique to patent law and therefore subject to Federal Circuit law. Midwest Indus., Inc. v. Ka-ravan Trailers, Inc., 175 F.3d 1356, 1359, 50 USPQ2d 1672, 1675 (Fed.Cir.1999) (en banc in relevant part), cert. denied 528 U.S. 1019, 120 S.Ct. 527, 145 L.Ed.2d 409 (1999). Moreover, we apply our own law in determining our own jurisdiction. Woodard v. Sage Products, 818 F.2d 841, 844, 2 USPQ2d 1649, 1651 (Fed.Cir.1987) (in banc).
We have not previously determined whether a decision to award attorney fees under 35 U.S.C. § 285 is final and appeal-able before the award has been quantified. However, our decision in View Engineering is closely analogous. In that case, we held, applying Federal Circuit law, that a decision imposing sanctions under Federal Rule of Civil Procedure Rule 11 was not final for purposes of appeal pursuant to 28 U.S.C. § 1295(a)(1) until the district court had decided the amount of the liability. View Eng’g, 115 F.3d at 964, 42 USPQ2d at 1957. Although the basis for the award of attorney fees in View Engineering was Rule 11, not 35 U.S.C. § 285, we see no reason why that distinction should compel a different result. Indeed, the same reasons, i.e., judicial efficiency and avoidance of delay, id., persuade us to reach the same result. Such a holding prevents piecemeal appeals involving 35 U.S.C. § 285—a first appeal to contest the exceptional finding per se, and a second appeal to contest the amount of the attorney fees. Such a prospect is what the final judgment rule is intended to foreclose. “From the very foundation of our judicial system the[*1344] object and policy of the acts of Congress in relation to appeals and writs of error ... have been to save the expense and delays of repeated appeals in the same suit, and to have the whole case and every matter in controversy in it decided in a single appeal.” McLish v. Roff, 141 U.S. 661, 665-66, 12 S.Ct. 118, 35 L.Ed. 893 (1891).
Moreover, although our case law explains the application of 35 U.S.C. § 285 as involving a two-step analysis of first determining whether the case is exceptional and then determining the amount of the award, e.g. Mentor H/S, Inc. v. Medical Device Alliance, Inc., 244 F.3d 1365, 1380, 58 USPQ2d 1321, 1331 (Fed.Cir.2001), the two component steps of the analysis are not independent. Rather, the amount of the attorney fees depends on the extent to which the case is exceptional. In other words, the exceptionality determination highly influences the award setting. See Beckman Instruments, Inc. v. LKB Produkter AB, 892 F.2d 1547, 1554, 13 USPQ2d 1301, 1306-07 (Fed.Cir.1989) (“[T]he amount of fees awarded to the ‘prevailing party’ should bear some relation to the extent to which the party actually prevailed.”); see also Read Corp. v. Portec, Inc., 970 F.2d 816, 831, 23 USPQ2d 1426, 1439 (Fed.Cir.1992) (“[W]hen the attorney fees under 35 U.S.C. § 285 are awarded solely on the basis of litigation misconduct, the amount of the award must bear some relation to the extent of the misconduct.”). In fact, the amount of attorney fees awarded may be zero, even though the case is exceptional. S.C. Johnson & Son, Inc. v. Carter-Wallace, Inc., 781 F.2d 198, 201, 228 USPQ 367, 369 (Fed.Cir.1986). In sum, because the grounds for determining that a case is exceptional and for fixing an amount of the attorney fees are related, it is efficient to review them together.
Most of our sister circuits have also adopted the rule that an award of unquantified attorney fees, whether in the context of Rule 11 sanctions or other statutory authority for awarding attorney fees, is not a final decision. See Gilda Marx, Inc. v. Wildwood Exercise, Inc., 85 F.3d 675, 677, 39 USPQ2d 1043, 1045 (D.C.Cir.1996) (stating that the court would lack jurisdiction to hear a cross-appeal of a decision to award unquantified attorney fees if that were the only appealed issue before the court, and declining to exercise pendant appellate jurisdiction over the cross-appeal); Century 21 Real Estate Corp. v. Century 21 Real Estate, Inc., 929 F.2d 827, 830, 118 USPQ2d 1552, 1555 (1st Cir.1991) (dismissing an appeal of a decision to award unquantified attorney fees pursuant to the Lanham Act); Commonwealth of Penn. v. Flaherty, 983 F.2d 1267, 1276 (3d Cir.1993) (citing Becton Dickinson & Co. v. Dist. 65, United Aero. & Agric. Implement Workers of Am., 799 F.2d 57, 61 (3d Cir.1986), for the general proposition that an award of unquantified attorney fees is not final, and holding that a “proportionate amount of reasonable attorney fees,” pursuant to the Civil Rights Act, “lacks the necessary element of finality”); S. Travel Club, Inc. v. Carnival Air Lines, Inc., 986 F.2d 125, 130 (5th Cir.1993) (holding that an order awarding attorney fees or costs pursuant to Rule 11 “is not reviewable on appeal until the award is reduced to a sum certain”); Gates v. Cent. States Teamsters Pension Fund, 788 F.2d 1341, 1343 (8th Cir.1986) (holding that an order for attorney fees and costs pursuant to Rule 11 “but without determining the specific amount of that award is not a final and appealable order”); Jensen Elec. Co. v. Moore, Caldwell, Rowland & Dodd, Inc., 873 F.2d 1327, 1329 (9th Cir.1989) (“The district court’s first order imposing sanctions [pursuant to Rule 11] but not setting an amount was therefore not a final or appealable order.”); Phelps v. Washburn Univ. of Topeka, 807 F.2d 153, 154 (10th[*1345] Cir.1986) (“[I]f an award of attorney fees [under the Civil Rights Act] is not reduced to a sum certain, it is not final.”). [3] Although the above-cited cases were appealed under 28 U.S.C. § 1291, not 28 U.S.C. § 1295(a)(1), that difference is immaterial because the “final decision” requirement of both statutes is “coextensive.” Johannsen, 918 F.2d at 162 n. 1, 16 USPQ2d at 1698 n. 1.
Thus, the final judgment rule has been widely applied by other circuits to bar the appeal of awards of unquantified attorney fees notwithstanding the particular statutory provision that authorizes the award. We see no reason to distinguish the reasoning expressed by this court in View Engineering as well as that of the other circuit courts cited above, and we therefore conclude that a decision to award unquantified attorney fees in an exceptional case under 35 U.S.C. § 285 is not final.
Following oral argument, Special Devices cited Budinich v. Becton Dickinson & Co., 486 U.S. 196, 108 S.Ct. 1717, 100 L.Ed.2d 178 (1988); Johannsen; and Majorette Toys (U.S.), Inc. v. Darda, Inc. U.S.A., 798 F.2d 1390, 230 USPQ 541 (Fed.Cir.1986), as supporting their contention that the district court made a final decision that we have jurisdiction to review. OEA agreed. We do not. This case is distinguishable from those cases.
Budinich held that an otherwise final judgment on the merits is not nonfinal because a collateral award of attorney fees has not been quantified. 486 U.S. at 202, 108 S.Ct. 1717. Budinich thus supports our jurisdiction to hear and decide the parties’ appeal in Special Devices III, in which the merits of invalidity were at issue. However, we do not read Budinich as supporting jurisdiction in this case. Although the Court cautioned “that the § 1291 effect of an unresolved issue of attorney fees ... should not turn upon the characterization of those fees” as being “collateral” or “itself part of the merits,” id. at 200-201, Budinich did not speak to the issue of finality when the merits on appeal are an award of attorney fees. Indeed, cases from other circuit courts have recognized this distinction after Budinich was decided. E.g., Gilda Marx, 85 F.3d at 677; Commonwealth of Penn., 983 F.2d at 1269-70.
Johannsen involved an entirely different issue. Johannsen held that the “final except for an accounting” exception of 28 U.S.C. § 1292(c)(2) does not apply to pendent judgments of non-patent claims. 918 F.2d at 163-164, 16 USPQ2d at 1699. This is not a case involving 28 U.S.C. § 1292(c)(2). See supra note 2.
Majorette Toys is also distinguishable from this case. Majorette Toys held that an appeal raising issues of validity, infringement, and attorney fees does not lack finality for failure to quantify the attorney fees. 798 F.2d at 1391-92, 230 USPQ at 542. In so holding, Majorette Toys analogized to the accounting exception of 28 U.S.C. § 1292(c)(2):
If an appeal in a patent case can come to this Court under § 1292(c)(2) after validity and infringement are determined , but prior to determining damages, it makes no sense not to allow an appeal after validity, infringement and damages are ascertained, and an award of attorney fees granted, even though the exact amount of attorney fees (and costs) has not been precisely ascertained. If any[*1346] of the trial court’s holdings of validity, enforceability, or infringement is overturned, there will, in all likelihood, be no occasion to quantify, let alone award, attorney fees. Similarly, such quantification will be irrelevant if on appeal this Court determines that it was an abuse of discretion to award attorney fees at all. Accordingly, allowing the present appeal will prevent loss of time and expense, and the need to explore what sometimes may be sensitive attorney records, in the event the case is overturned on the merits or in the determination that attorney fees should be awarded.
Id. That holding might apply to the facts of this case, except that Majorette Toys went on to expressly distinguish Gilbreth Int’l Corp. v. Lionel Leisure, Inc., No. 83-1418 (Fed. Cir. Nov. 2 and 28, 1983) (non-precedential), a case with facts much like the present facts. Majorette Toys, 798 F.2d at 1391-92, 230 USPQ at 542. In Gilbreth, the only issue before the court concerned attorney fees, which were unquantified by the district court; there had been no adjudication of validity, infringement, or damages. Id. In distinguishing Gilbreth, Majorette Toys thus in effect stated that its holding does not apply to this appeal, because, as in Gilbreth, only attorney fees are at issue here. Accordingly, View Engineering is our closest precedent, not Majorette Toys.
Finally, we recognize that this court has reviewed an award of attorney fees Without a quantified amount. E.g., Akron Polymer Container Corp. v. Exxel Container, Inc., 148 F.3d 1380, 47 USPQ2d 1533 (Fed.Cir.1998). However, in Akron, the finality issue was raised neither by the parties nor sua sponte by the court. Because Akron did not confront and decide the same issue, it is not precedent on the question before us. See Brown Shoe Co. v. U.S., 370 U.S. 294, 307, 82 S.Ct. 1502, 8 L.Ed.2d 510 (1962); New v. Terr. of Okla., 195 U.S. 252, 256, 25 S.Ct. 68, 49 L.Ed. 182 (1904).
CONCLUSION
Because we lack jurisdiction to consider the merits of this appeal, it is
DISMISSED.
. That section states that "[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285 (1994).
. 28 U.S.C. § 1292(c)(2) does not provide jurisdiction in this case. That section grants jurisdiction over judgments in civil actions for patent infringement which are final except for an accounting. 28 U.S.C. § 1292(c) (1994). However, this appeal is not an appeal from a judgment of patent infringement. Rather, it is an appeal from a judgment of an exceptional case, separate from the judgment in the action for patent infringement. Furthermore, the accounting exception of § 1292(c)(2) is not applicable to this appeal. Determination of attorney fees is not an "accounting.” "Accounting," as used in the statute, refers to infringement damages pursuant to 35 U.S.C. § 284. Infringement damages are not at issue in this appeal. Indeed, when a patent owner loses in the district court, as occurred in this case, then § 1292(c)(2) is not applicable. Johannsen, 918 F.2d at 161, 16 USPQ2d at 1699.
. But see Bittner v. Sadoff & Rudoy Indus., 728 F.2d 820, 826 (7th Cir.1984) (holding that a judgment lacking quantification of attorney fees award can be reviewed under "the principle that a court of appeals may, in the interest of orderly judicial administration, review matters beyond that which supplies appellate jurisdiction.”) (internal quotations omitted).