Kayak.com Granted Partial Fee Award After Beating Patent Suit | New Jersey Law Journal
by Charles Toutant
A federal judge in Camden has ruled that the operator of travel website Kayak.com is entitled to a partial fee award after emerging as the victor in a patent infringement suit. But the judge found Kayak's counsel failed to demonstrate that its hourly rates of up to $781 were reasonable.
U.S. District Judge Noel Hillman of the District of New Jersey granted in part the motion by Kayak Software Corp. seeking a declaration that a patent infringement suit by Source Search Technologies LLC was "exceptional" under 35 U.S.C. 285. The judge found the "exceptional" label applied to all proceedings after Kayak filed a motion for summary judgment of invalidity.
Source Search claimed in the suit, filed in June 2011, that Kayak infringed its '328 patent, which was entitled "Computerized Quotation System and Method." The late U.S. District Judge Joseph Irenas dismissed the suit in July 2015 after finding that the '328 patent was invalid for claiming an abstract idea. Kayak then filed its motion to find the patent case "exceptional," based on the litigation conduct and allegedly meritless arguments made by the plaintiff.
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