More Thumbtacks on the “Exceptional Case” Map Board

One of the lasting effects of Prime Minister Winston Churchill’s lengthy stay at the White House in December of 1941 was President Roosevelt ordering a replica of his “map room” to be created in what had been the billiards room just steps from his elevator and his doctor’s office on the ground floor of the mansion. In memory of its use, for many years the last situation map prepared for President Roosevelt on April 3, 1945 hung over the mantel in this room. But FDR’s interest in precisely where his nation’s units were may pale in comparison to patent lawyers’ interest in reading the latest determinations of whether certain conduct gets a thumb tack for “exceptional” for purposes of an award of attorneys’ fees under 35 U.S.C. §285.

“Flagrant” – enhanced damages, exceptional case status & injunctions

I have posted many times on the Tinnus v. Telebrands litigation, which involves water balloon patents. Another order is now out, this time involving postverdict motions including recovery of enhanced damages and attorneys fees for “exceptional” case status, as well as and entry of a permanent injunction. It is one readers will want to study, as it contains some actions that are extraordinary – even by patent litigation standards. When a court’s order uses the term “flagrantly” multiple times, you know things are about to get very interesting. There is much to be learned here, so let’s begin …