Epic Wins Motion for Attorneys’ Fees Against Patent Troll

On July 30, 2024, the United States District Court for the Southern District of Florida granted Epic Systems Corporation’s motion for attorneys’ fees in its case against Decapolis Systems LLC, a litigious non-practicing entity (NPE or “patent troll”). Agreeing with Epic that the case was “exceptional,” the court held that Decapolis must reimburse Epic its reasonable attorneys’ fees for both the district court litigation, as well as Decapolis’ unsuccessful appeal to the Federal Circuit.

The court previously held that Decapolis’ U.S. Patent Nos. 7,490,048 and 7,464,040 are invalid, a decision affirmed by the Federal Circuit on appeal. Epic brought the federal court action seeking to invalidate the patents after Decapolis had sued multiple Epic customers contending that use of Epic’s software infringed the two patents. Epic also sought stays of the customer cases so that its customers would be shielded from the heavy distraction of litigation. In finding the case exceptional, the court noted the “substantive strength” of Epic’s position and the “comparative weakness” of Decapolis’, holding that Decapolis’ conduct “if not fully spurious, was dilatory at best.”

While 24 other entities — including other EHR vendors — entered into settlement agreements with Decapolis, Epic stood firm until Decapolis was no longer a threat to Epic’s customers or the health care industry.

“As we have demonstrated in the past, and will continue to demonstrate in the future, we will not back down to patent trolls looking to shake down Epic or our customers,” said Epic Senior Vice President Stirling Martin.

“This decision is the next step in holding an NPE accountable for meritless patent litigation against a company dedicated to improving the quality of health care around the world. We are fortunate to work with a company so committed to fighting when it is in the right,” said Matt Duchemin of Quarles & Brady LLP.

Epic was represented by Quarles’ Kristin Graham Noel, Matthew Duchemin, Kelli Edson, Bryce Loken and Lauren Bolcar. The case is Epic Systems Corporation v. Decapolis Systems LLC, Case No. 22-80173-CV-Middlebrooks (S.D. Fla.).