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December 27, 2013

Exceptional

The CAFC has declared the everyday antics of patent plaintiff lawyers to be exceptional. Vacating a district court judge's decision not to award attorneys fees under 35 U.S.C. ยง 285, an appeals court panel decreed that "litigation misconduct and unprofessional behavior may suffice." That specifically includes asserting infringement "despite an objectively low likelihood that it would prevail." Mind-reading is allowed in coming to this conclusion. (Kilopass Technology v. Sidense - CAFC 2013-1193)

Posted by Patent Hawk at December 27, 2013 9:58 PM | Case Law