Legal Opinion
BAYCHAR, INC. v. Salomon/North America, Inc.
District Court, D. Maine
Decided December 10, 2008No. Civil 04-136-B-H, 04-144-B-HPublished
1Opinion of the Court
DECISION AND ORDER ON DEFENDANTS’ MOTIONS FOR ATTORNEY FEES AND EXPENSES
D. BROCK HORNBY, District Judge.
These motions seek attorney fees for unsuccessful patent litigation by the paten-tee. I conclude that some fees should be awarded against the patentee under 35 U.S.C. § 285 for vexatious litigation.
In two separate patent lawsuits, Bayc-har, Inc. and Baychar Holdings, Inc. (collectively “Baychar”), alleged that twenty-two products sold by Salomon/North America, Inc. (“Salomon”) and forty-eight products sold by The Burton Corp. (“Burton”), Deckers Outdoor Corp. (“Deckers”), and Nórdica USA…
2Cases cited20 opinions
- Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998
- Kingsdown Medical Consultants, Ltd. And E.R. Squibb & Sons, Inc. v. Hollister IncorporatedCourt of Appeals for the Federal Circuit · 1988
- Molins Plc, and John Coventry Smith, Jr. v. Textron, Inc., Kearney & Trecker Corporation, and Avco CorporationCourt of Appeals for the Federal Circuit · 1995
- Brooks Furniture Manufacturing, Inc. v. Dutailier International, Inc. And Dutailier, Inc.Court of Appeals for the Federal Circuit · 2005
- Reactive Metals and Alloys Corporation v. Esm, IncorporatedCourt of Appeals for the Federal Circuit · 1985
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