A district court “may award attorneys’ fees when the interests of justice so require.” Hall v. Cole, 412 U.S. 1, 4–5(1973). The Supreme Court has repeatedly recognized the propriety of such an award when a party has “acted in bad faith, vexatiously, wantonly, or for oppressive reasons.” Chambers, 501 U.S. at 45–46 (quoting Alyeska PipelineServ. Co. v. Wilderness Soc’y, 421 U.S. 240, 258–59 (1975));see also Roadway Express, Inc. v. Piper, 447 U.S. 752, 766 (1980).Realtime的行為是不被允許跟不正義的管轄法院選擇行為,目的為嘗試避免或延遲對其不利的判決。上訴法院話說得很重,認為本案事實所呈現的 "明目張膽的花言巧語",構成不正當目的的故意行為,與惡意沒兩樣,在地方法院依其本有權能處罰當事人的範圍內:
Accordingly, there is nothing erroneous about the conclusion that Realtime “impermissibly” and “unjustifi[ably]”engaged in forum-shopping in attempt to avoid or delay an adverse ruling. Id. at *6–7. The blatant gamesmanship presented by the facts of this case constitutes a willful action for an improper purpose, tantamount to bad faith, and therefore within the bounds of activities sanctionable under a court’s inherent power in view of the Ninth Circuit’s standard.關於多方複審,缺乏充分證據證明USPTO開啟多方複審程序,就可以支持Realtime的訴訟是徒勞無功的:
Although the petitions for inter partes review were instituted during the pendency of the Delaware action, the district court found it did not have sufficient evidence to determine whether institution alone “should have served to apprise Realtime of the futility of its litigation efforts.”
基於以上理由,上訴法院維持了地方法院關於律師費的見解。
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