Klarquist Wins Appeal, Affirming Earlier Summary Judgment Victory And Attorney Fee Award, For Client SAP America, Inc.

Published September 4, 2020

On September 2, 2020, the Federal Circuit Court of Appeals summarily affirmed two decisions Klarquist obtained on behalf of its clients SAP America, Inc. (“SAP”) and HP Inc., against Big Baboon, Inc. The Federal Circuit affirmed the day after hearing oral arguments from Klarquist attorneys.

The Federal Circuit affirmed a decision by Judge Haywood S. Gilliam, Jr. in the Northern District of California, granting SAP and HP summary judgment that the asserted patent was invalid because one of SAP’s accused products was in fact prior art.

The Federal Circuit also affirmed a second decision by Judge Gilliam ordering Big Baboon to pay $189,675.70 in attorney fees and costs to SAP because the case was “exceptional” under 35 U.S.C. § 285.

Klarquist attorneys J. Christopher Carraway and Klaus H. Hamm represented SAP in this matter.  Listen to the oral arguments on the summary judgment appeal and the attorney fee appeal.