The fact that the motions to dismiss were joint and there was a lack of bad faith filing by plaintiff was important.
Like patent litigation, trademark litigation has a statue that permits fees in “exceptional cases”.
The motion is denied, but counsel’s conduct is “fundamentally unacceptable in civilized society.” Well.
The issue was whether the prevailing party could get additional parties added to satisfy a Section 285 award.
The Federal Circuit affirmed the EDTX SJ of noninfringement and denial of exceptional case status.
Yes, I’m in trial, but this is too big to pass up.
Yesterday the Federal Circuit affirmed Judge Gilstrap’s Section 285 finding from earlier this year, providing another data point on when a case is “exceptional.”
Judge Lynn reviewed objections to an award of fees in this exceptional case.
“Alex, what’s the threshold for avoiding Section 285 liability?”
Cases where there are exceptional motions going both ways due to a reversal after trial after trial are … interesting.