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Exceptional Case award – 35 USC 285

“Exceptional Case” Finding Denied

June 15, 2022June 15, 2022 msmithEDTEXWEBLOG, EDTX IP, Exceptional Case award - 35 USC 285, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

The Court concluded that it didn’t stand out, noting that the “mere fact that a court rules against a patent owner does not render a case ‘exceptional’” even where, as here, the patent was susceptible to a finding of ineligibility at the FRCP 12(c) stage.

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Not Exceptional

March 29, 2022March 29, 2022 msmithEDTEXWEBLOG, EDTX IP, Exceptional Case award - 35 USC 285, Marshall, TEXIPLAWBLOG

The court denied the prevailing defendant’s motion for fees under 35 U.S.C. § 285.

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No New Trial on Noninfringement Verdict / No Fees

March 21, 2022March 21, 2022 msmithEDTEXWEBLOG, EDTX IP, Exceptional Case award - 35 USC 285, JMOL rulings, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Unpatentable - 35 USC 101

Another Texas car dealership that’s switched out its giant Texas flags for giant Ukrainian ones

Judge Gilstrap affirmed the jury’s noininfringement and patent-ineligible finding, but declined to award fees.

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Exceptional Case Fee Award

February 25, 2022February 27, 2022 msmithAttorney Fees, Exceptional Case award - 35 USC 285, NDTX, TEXIPLAWBLOG

This fee award is a good example of how not to prosecute a patent case.

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No Attorneys Fees For Prevailing Plaintiff

December 6, 2021December 6, 2021 msmithExceptional Case award - 35 USC 285, TEXIPLAWBLOG, WDTX, WDTX Cases

This photo from our 25th anniversary trip to NYC last week is to remind you that just because you won at trial doesn’t mean it’s Christmas, as Judge Albright recently held.

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Motion for Attorneys Fees Under Section 285

October 7, 2021October 7, 2021 msmithExceptional Case award - 35 USC 285, SDTX, TEXIPLAWBLOG

People are always interested in what judges are doing with motions for fees under section 285 at the end of a patent case.  This is a good example.

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Motion For Section 285 Fees Denied

September 20, 2021September 20, 2021 msmithExceptional Case award - 35 USC 285, TEXIPLAWBLOG, WDTX, WDTX Cases

The fact that the motions to dismiss were joint and there was a lack of bad faith filing by plaintiff was important.

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Exceptional Case Finding (Trademark Style)

August 30, 2021August 30, 2021 msmithCopyrights and Trademarks, Exceptional Case award - 35 USC 285, NDTX, TEXIPLAWBLOG

Like patent litigation, trademark litigation has a statue that permits fees in “exceptional cases”.

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Motion for Fees Under Section 285

August 26, 2021August 26, 2021 msmithExceptional Case award - 35 USC 285, SDTX, TEXIPLAWBLOG

The motion is denied, but counsel’s conduct is “fundamentally unacceptable in civilized society.” Well.

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Joinder of Additional Parties After Section 285 Award

July 13, 2021July 13, 2021 msmithExceptional Case award - 35 USC 285, NDTX, TEXIPLAWBLOG

The issue was whether the prevailing party could get additional parties added to satisfy a Section 285 award.

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Welcome!

This weblog focuses on two things: (1) practice in the U.S. District Court for the Eastern District of Texas; and (2) intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Scheef & Stone, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20 years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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