Friday, November 02, 2007

Assertion of Patent with Defective Title Was Not an Exceptional Case for Award of Attorneys' Fees

Case: Digeo, Inc. v. Audible, Inc., Fed. Cir. No. 2007-1133 (11/1/07)


The One Sentence Summary: The district court did not err in refusing to grant an award of attorneys' fees under 35 U.S.C. section 285 where there was not clear and convincing evidence that the plaintiff should have known of the defects in title of the patent that it asserted, and district court did not need to allow discovery into the issue.


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