Facebook Awarded Costs After Winning Patent Case Dismissal

Written October 10, 2019

The US Court of Appeals for the Federal Circuit on October 9, 2019, held that Facebook Inc. was properly awarded $4,424.00 in costs after it “rebuffed” a patent infringement case by convincing the Patent Trial and Appeal Board (PTAB) to invalidate patent claims relating to advertising software. B.E. Tech. LLC v. Facebook Inc., Fed. Cir., No. 2018-2356, 10/9/19.

B.E. Technology LLC sued Facebook and other major tech companies for infringing US Patent No. 6,628,314, covering targeted advertising software. The PTAB invalidated the relevant patent claims at Facebook’s request, and the district court dismissed the infringement case as moot.

The Federal Circuit found that Facebook was the “prevailing party” in the infringement case even though the case was dismissed for mootness based on the PTAB’s decision. 

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