Blackbird Must Pay Attorney’s Fees in Home Gym Patent Suit
Written December 20, 2019
The US Court of Appeals for the Federal Circuit on December 16, 2019, affirmed a district court ruling that awarded Health In Motion LLC and Leisure Fitness Equipment LLC attorneys’ fees and expenses after the parties petitioned the court for fee reimbursement in a patent infringement suit. Blackbird Tech LLC v. Health In Motion LLC, Fed. Cir., No 18-02393, precedential 12/16/19. Blackbird sued Health In Motion and Leisure Fitness in October 2016, alleging a home gym machine that Health In Motion makes and sells in cooperation with Leisure Fitness infringed Blackbird’s patent. Blackbird dismissed the lawsuit 19 months later, following various settlement offers. Health in Motion petitioned the court for fee reimbursement, and was awarded $363,243 in fees and costs. The Federal Circuit said that it was not an abuse of discretion for the lower court to further decide that granting a fee award was warranted in this case to deter “abusive litigation” in the future.