Tag: Exceptional Case
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Reexamination Result Used in Reversal of Finding of Exceptional Case Attorney Fees
In Old Reliable Wholesale, Inc. v. Cornell Corp. decided March 16, 2011 (Fed. Cir. Appeal No. 2010-1247), the Federal Circuit reversed the lower court’s finding of an exceptional case based on a positive reexamination result. Briefly, Old Reliable sued Cornell for patent infringement in 2006. Cornell filed an ex parte reexamination of the Old Reliable patent…