Legal Opinion
Bayer Cropscience Ag v. Dow Agrosciences LLC
Court of Appeals for the Federal Circuit
Decided March 17, 2017No. 2015-1854PublishedCited by 41 opinions
1Opinion of the Court
STOLL, Circuit Judge.
Bayer appeals the district court’s award of attorney fees to Dow under 35 U.S.C. § 285. The district court awarded attorney fees to Dow upon finding that the case stood out from others and was thus exceptional. Because the district court did not abuse its discretion in finding the case exceptional and awarding fees, we affirm.
Background
This is the second appeal to our court in this patent infringement lawsuit between plaintiffs-appellants Bayer CropScience AG and Bayer S.A.S. (collectively, “Bayer”) and defendant-appellee Dow AgroSci-ences LLC. The patents-in-suit relate…
2Cases cited10 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
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- A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
- Octane Fitness, LLC v. ICON Health & Fitness, Inc.Supreme Court of the United States · 2014
- Highmark Inc. v. Allcare Health Management System, Inc.Supreme Court of the United States · 2014
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3Cited by41 opinions
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