This episode concerns an opinion from the United States Court of Appeals for the Federal Circuit addressing the appeal filed by EscapeX IP, LLC against a series of sanction rulings granted in favor of Google LLC. The court affirmed the district court’s determination that the patent infringement case against Google was "exceptional" under 35 U.S.C. § 285, largely because EscapeX failed to conduct an adequate pre-suit investigation and proceeded with frivolous claims even after being repeatedly warned. EscapeX also appealed the denial of its motion to amend the judgment under Rule 59(e), which the Federal Circuit agreed was properly denied because the purported "newly discovered evidence" was available earlier. Furthermore, the court upheld the award of a second set of attorneys’ fees under 28 U.S.C. § 1927, concluding that EscapeX’s attorneys acted recklessly by filing and prolonging the litigation over the frivolous post-judgment motion. Ultimately, the Federal Circuit affirmed all decisions, including making EscapeX and its counsel jointly and severally liable for the second fee award.
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