Colorado court awards Kevin O’Leary fee recovery after patent case dismissal

A federal court in Colorado awarded $84,408 in attorney fees to Kevin O’Leary and related defendants after dismissing a patent-related lawsuit with prejudice. The court also referred plaintiff’s counsel for conduct review, signaling possible disciplinary action.

Why it matters: - The fee award adds a financial penalty on top of the dismissal of the case. - The court’s referral of plaintiff’s counsel for review raises the stakes beyond the lawsuit itself. - The order underscores how federal courts can respond when claims are found to lack factual support.

What happened: - A federal court in Colorado awarded $84,408 in attorney fees to Kevin O’Leary, O’Leary Ventures Management, LLC, Wonder Fund North Dakota and Paul Palandjian. - The award followed the dismissal with prejudice of claims in Brandao v. HerdDogg, Inc., et al., Case No. 1:25-cv-02254, in the U.S. District Court for the District of Colorado. - The court entered the fee order on July 16, 2026. - The lawsuit had sought damages exceeding $100 million and included claims against multiple defendants. - The case was dismissed with prejudice in January 2026 after the plaintiff did not respond to motions to dismiss and motions for sanctions filed by the O’Leary Defendants.

The details: - The court said the claims against the O’Leary Defendants qualified as an “exceptional case” under federal patent law. - The court found the claims lacked factual support. - The court also noted the O’Leary Defendants did not become involved with the company at issue until years after many of the events alleged in the complaint. - In the same order, the court referred plaintiff’s counsel to the court’s Committee on Conduct for further review. - The court directed the committee to determine whether disciplinary proceedings are warranted. - Jeffrey Neiman, counsel for the O’Leary Defendants, said litigation should be grounded in facts and pursued under the rules governing the legal system. - Kevin O’Leary said the claims were entirely without merit and that he remains focused on supporting entrepreneurs, investing in innovative businesses and conducting himself with integrity.

Between the lines: - The order suggests the court viewed the case as more than a routine loss for the plaintiff. - The combination of fee shifting and a conduct referral signals the court saw potential problems with both the claims and the litigation conduct. - The ruling may discourage similarly unsupported filings in patent-related disputes.

What’s next: - The Court’s Committee on Conduct will review plaintiff’s counsel and decide whether disciplinary proceedings are warranted. - The fee award gives the O’Leary Defendants a monetary recovery, though the case’s broader legal fallout may continue through any conduct review. - No further action from Kevin O’Leary or O’Leary Ventures was described in the order.