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The CAFC affirms a lower court's decision to impose sanctions on PS Products, Inc. and its attorney for filing a frivolous design patent infringement lawsuit. The lower court awarded attorney fees and costs under 35 U.S.C. § 285 and additional deterrence sanctions under its inherent power. The appeals court upheld both awards, rejecting arguments that the sanctions were improperly imposed because the lawsuit was demonstrably meritless due to plainly dissimilar designs and improper venue. The appeal court declined to award additional fees for the appeal, despite finding the appeal itself to be without merit.
By SentinelThe CAFC affirms a lower court's decision to impose sanctions on PS Products, Inc. and its attorney for filing a frivolous design patent infringement lawsuit. The lower court awarded attorney fees and costs under 35 U.S.C. § 285 and additional deterrence sanctions under its inherent power. The appeals court upheld both awards, rejecting arguments that the sanctions were improperly imposed because the lawsuit was demonstrably meritless due to plainly dissimilar designs and improper venue. The appeal court declined to award additional fees for the appeal, despite finding the appeal itself to be without merit.