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The Federal Circuit remanded the district court’s finding that the case was not exceptional for the purpose of awarding attorney fees under Section 285 to the prevailing defendant.  Although the Federal Circuit agreed with the district court’s finding that the plaintiff’s case was not objectively baseless, but disagreed with its finding that the defendants’ counsel had engaged in litigation misconduct sufficient to preclude an award of attorney fees.  The Federal Circuit found instead that, although the defendants’ counsel’s actions were sloppy at worst, they did not amount to misrepresentation or misconduct.  

Gaymar Industries, Inc. v. Cincinnati Sub-Zero Products, Inc.,Case No. 2014-1174 (June 25, 2015); Opinion by:  Dyk, joined by Prost and Bryson; Appealed From: District Court for the Western District of New York, Lane, J.  Read the full opinion here.

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