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United States Federal Circuit


Q-PHARMA, INC. v. ANDREW JERGENS CO., 03-1184

District court did not abuse its discretion in denying defendant's motions for FRCP rule 11 sanctions and attorney's fees in a patent infringement case; plaintiff reasonably believed that its patent was valid and infringed when it filed suit. As plaintiff's claim was not "objectively baseless," the antitrust counterclaim was properly dismissed.

Appellate Information

  • Decided 03/08/2004
  • Published 03/08/2004

Judges

  • LOURIE, Circuit Judge., Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Court

  • United States Federal Circuit

Counsel

  • For Appellees:
  • Stuart R. Dunwoody,Davis Wright Tremaine LLP, of Seattle, WA, argued for plaintiff-appellee.   With him on the brief was William R. Sherman., Steven B. Kelber, Piper Rudnick, LLP, of Washington, DC, argued for defendant-appellant.   With him on the brief were Jerold I. Schneider and Raymond Millien.
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