Complaints About Attorneys Fees Award Rejected


The plaintiff asserted several objections to Magistrate Judge Baxter’s award of fees, none of which Judge Schroeder agreed with. Specifically,

  • yes it can be a report and recommendation,
  • yes, you waived your objections to the court’s claim construction rulings,
  • yes, you should have known your infringement theories were unsupported when the summary judgment report came out in the companion case, and
  • yes, the case is “exceptional” – you continued to pursue theories that you knew or should have known were baseless, filed meritless motions, and argued positions that had already been rejected.