Austin Powder Co. v. Atlas Powder Co.

OPINION

STAPLETON, Chief Judge.

Four issues remain in this four year old patent case pitting Austin Powder Company (“Austin”) against Atlas Powder Company (“Atlas”): 1 (1) Are Claims 25 through 27 of the ’621 reissue patent unenforceable because of the failure of Austin’s counsel to submit to the Patent and Trademark Office (“PTO”) certain documents obtained from Atlas during discovery in this litigation? (2) If not, was Atlas’ infringement of Claims 25 and 27 willful within the meaning of 35 U.S.C. § 284? (3) Is either side entitled to a determination that this is an “exceptional case” within…