Authored by: Jeremy J. Gustrowsky
A recent decision highlights the risks for patent owners who file lawsuits without a solid basis. EscapeX IP, LLC brought a patent infringement suit against Google, claiming that Google’s YouTube Music and related products infringed U.S. Patent No. 9,009,113, which covers a system for generating artist-specified dynamic albums. However, the court found that EscapeX had not done its homework before filing the case. Google pointed out early on that the accused features either didn’t exist in the products EscapeX named or had been available before the patent was even filed—making the claims not only weak but potentially invalid.
Despite repeated warnings from Google, including detailed letters explaining the problems with EscapeX’s claims, EscapeX pressed on. When another court later ruled that all claims of the same patent were invalid, EscapeX tried to dismiss its lawsuit by filing a “joint” stipulation of dismissal—without Google’s consent and falsely stating that both sides agreed to bear their own legal costs. This misstep, along with EscapeX’s lack of response to Google’s requests and court deadlines, contributed to the court’s view that EscapeX’s actions were unreasonable.
The district court ultimately ordered EscapeX to pay Google over $190,000 in attorneys’ fees, finding the case “frivolous from the start.” When EscapeX tried to challenge this fee award by submitting new declarations after the fact, the court rejected the attempt, noting that this evidence could have been provided earlier. The court also sanctioned EscapeX’s attorneys personally for filing a baseless motion to amend the judgment, adding another $63,000 in fees.
This decision serves as a warning: patent owners must conduct a thorough investigation before filing suit, and lawyers must avoid filing frivolous motions or misrepresenting facts to the court. The case underscores the importance of good faith litigation and the potential consequences for those who ignore these responsibilities.