Alamo Group Inc. v. Fecon, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ALAMO GROUP, INC., Plaintiff, Case No. 1:17-cv-820 v. JUDGE DOUGLAS R. COLE FECON, INC., Defendant. OPINION AND ORDER Fecon, Inc., the defendant in this patent infringement action, prevailed at summary judgment on its noninfringement theory. Having succeeded on defense, Fecon now seeks to seize the offensive. It moves this Court for an Order determining that this is an “exceptional case” under 35 U.S.C. § 285, and requests that the Court award Fecon the roughly $1.5 million in attorneys’ fees that it claims it expended in…