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Patent Law

: Washington State Patent Law Blog

Defendant Not "Entitled" to Discovery on Claim For Section 285 Fees

By Mark Walters

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In a case where the underlying claims of infringement were dismissed voluntarily under Rule 41, Judge Jones recently ordered that a defendant was not entitled to take discovery in order to support a theory that the case was "exceptional" under 35 USC Section 285. From Judge Jones' order: G-J appears to concede that it cannot substantiate its § 285 attorney fee request without additional

Full post as published by Washington State Patent Law Blog on September 19, 2008 (boomark / email).

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