“Has the Temple of Justice been Defiled?”

     One of the issues that came up in the oral argument of the recently decided case of iLOR v. Google, 2010-1117 (Fed. Cir. Jan. 11, 2011) was whether the district court was in error in awarding expert fees to Google.  To award such fees is beyond 35 U.S.C. §285 alone and requires invoking the inherent powers of the court.  However, the standard to be applied by the court to invoke such inherent powers is whether “fraud has been practiced upon it, or that the very temple of justice has been defiled.”   So, during the oral argument, Chief Judge Rader inquired whether the temple of justice had been defiled: [Listen].

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