United States Federal Circuit

In a patent dispute arising in circumstances in which plaintiff purchased a patent at a bankruptcy estate sale but certain assignments turned out to be forgeries, denial of defendant's motion for attorney fees under 35 U.S.C. section 285 including its request for additional discovery to develop a section 285 claim is affirmed as: 1) there was no clear error in the district court's finding that the case was not exceptional; and 2) the court did not abuse its discretion in denying additional discovery.

Appellate Information

• Decided 11/01/2007
• Published 11/01/2007

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, MOORE, Circuit Judge, and COTE, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Lawrence D. Graham, Black Lowe & Graham PLLC, of Seattle, Washington, argued for plaintiff-appellee.   With him on the brief was Mark L. Lorbiecki., Stellman Keehnel, DLA Piper U.S. LLP, of Seattle, Washington, argued for defendant-appellant. of counsel were Christopher M. Huck and Kit W. Roth.