Plaintiff’s case alleged a BIPA violation over the company’s use of Eyewear Virtual Try-On (VTO) technology, which was dismissed on the basis that Dior’s VTO for sunglasses falls under BIPA’s general health care exemption. But the Court viewed the plaintiff’s actions more favorably, and read a “bad faith” threshold into BIPA’s discretionary language that a court “may” award “reasonable attorneys’ fees and costs, including expert witness fees and other litigation expenses” to a prevailing party. Christian Dior, Inc., a consumer class action suit was dismissed under the Illinois Biometric Information Privacy Act (BIPA) against Christian Dior, Inc. In a second recent case, Warmack-Stillwell v. The Court took note of these additional facts, but centered its decision to award fees on EscapeX’s clear failure to conduct a serious pre-suit investigation based on its facially insufficient complaint, as well as its failure to react to the ample notice provided by Google of this fact.
I WAS MINDING MY BUSINESS SERIAL
Google additionally raised EscapeX’s history of filing serial patent infringement claims against tech companies, often with little merit, along with the fact that EscapeX’s “stipulated dismissal” included an agreement that each party bear its own fees and costs (which Google did not agree to). The Court found these factors all demonstrated EscapeX’s “effort to force a modest settlement by pestering a tech giant with a frivolous suit on the assumption that the tech giant will prefer to capitulate than fight back.” The Court also observed that Google put EscapeX on notice “early and often” of the facial deficiencies of their claim, yet EscapeX still waited until a month and a half after the patent was declared invalid to dismiss the case. Once amended, EscapeX still alleged patent infringement in connection with Google’s “auto add” feature, even though the addition of the feature predated EscapeX’s patent. The Court found the case was indeed “exceptional.” Among the factors that tipped the Court’s decision was that EscapeX conducted “no serious pre-suit investigation,” as evidenced by the fact that it routinely conflated two different YouTube products, YouTube Music and YouTube Video, in its initial complaint. § 285, attorneys’ fees could be awarded in “exceptional cases,” which the Supreme Court has further defined to weigh a “totality of circumstances” as to a plaintiff’s “frivolousness, motivation, objective unreasonableness…and the need in particular circumstances to advance considerations of compensation and deterrence.” Octane Fitness, LLC v. Google, the Court agreed with Google’s argument that under 35 U.S.C. In a recent patent infringement case against Google, EscapeX IP LLC v. The perceived motivation of the respective plaintiffs and purpose behind the statutes under which the claims were brought were influential.
One case focused on “frivolousness” of the lawsuit, and the other imposed a “bad faith” requirement-despite the absence of such language from the relevant statute. Two recent cases tackling the question of why and when a lawsuit warrants shifting attorneys’ fees from a prevailing defendant to the plaintiff who brought the claim reflect some of these differences. Spears, of course, has been in the spotlight most of her life - first on Disney’s Mickey Mouse Club, and then becoming a household name with her breakout hit “Baby One More Time,” which was released in 1998 when she was a teenager, shooting her into global superstardom.Statutes permitting discretionary attorney fee-shifting for prevailing defendants vary in the circumstances under which fee-shifting is permitted. There are lyrics in the song that point to that… There is a thin line, and everyone deservers their version of privacy.” To collaborate with her now and then - when you’re in the studio and you’re making music, that’s the only thing that matters - so I see the same light, the same joy, the same love and passion.”ĭescribing the meaning of the song, “Mind Your Business,” Will.i.am said, “When you’re in the spotlight, a lot of times you just want to live your life. I light up because I see how much she loves music. “Dancing is therapy for lots of people… And when you have that connection with music and rhythm and song and melody and harmony, and you express yourself through that, it helps you with anything that you’re going through, and I see that every time I see her dance on her Instagram.
“Music is therapy for lots of people,” he said.
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