Costs Over Damages Doesn’t Equal Exceptional
Liquid Litigation Management, Inc.
AUGUST 12, 2019
What makes a case exceptional? In the matter of ATEN International Co., LTD. v. Uniclass Technology Co., LTD. before the US Court of Appeals for the Central District of California, it was a recently decided that a case is not per se exceptional under 35 U.S.C. § 285 soley because (1) the cost of litigation exceeds plaintiff’s potential damages or (2) a party’s legal argument was rejected on summary judgment.
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