United States Federal Circuit

Award of attorneys' fees is reversed where the district court erred in finding this case to be "exceptional" under 35 U.S.C. section 285 based on plaintiff's pre-litigation conduct toward defendants.

Appellate Information

• Decided 08/07/2003
• Published 08/07/2003

Judges

• LOURIE, Circuit Judge., Before LOURIE, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Kenneth B. Herman,Fish & Neave, of New York, NY, argued for plaintiffs-appellees.   With him on the brief were Herbert F. Schwartz, Richard M. Barnes, Christopher J. Harnett, A. Joy Arnold, and Robert B. Wilson., Thomas M. Durkin, Mayer, Brown, Roe & Maw, of Chicago, IL, argued for defendant-appellant.   With him on the brief was Maggie J. Schneider.   Of counsel was Linda T. Coberly.