Legal Opinion
Digeo, Inc. v. Audible, Inc.
Court of Appeals for the Federal Circuit
Decided November 1, 2007No. 2007-1133PublishedCited by 37 opinions
1Opinion of the Court
MICHEL, Chief Judge.
Audible, Inc. (“Audible”) appeals the decision of the United States District Court for the Western District of Washington to deny Audible’s motion for attorney fees under 35 U.S.C. § 285 including its request for additional discovery to develop the § 285 claim. We heard oral argument on September 5, 2007. Because we discern no clear error in the district court’s finding that the case is not exceptional and because we conclude the court did not abuse its discretion in denying additional discovery, we affirm.
I
Digeo, Inc. (“Digeo”) purchased U.S. Patent No. 5,734,823 (“'823…
2Cases cited16 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998
- Don Laub Debbie Jacobsen Ted Sheely California Farm Bureau Federation v. United States Department of the Interior Gale A. Norton, Secretary, Department of the Interior United States Environmental Protection Agency Marianne Horinko, in Her Official Capacity as Acting Administrator of the U.S. Epa Department of the Army, (Civil Works) Joseph W. Westphal, Dr., in His Official Capacity as Assistant Secretary of the Army (Civil Works) Donald Evans, in His Official Capacity as Secretary, U.S. Department of Commerce United States Department of Commerce U.S. Department of Agriculture Ann M. Veneman, in Her Official Capacity as Secretary, U.S. Department of Agriculture U.S. Army Corps of Engineers Peter T. Madsen, Brigadier General, in His Official Capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers Natural Resources Conservation Service Charles Bell, in His Capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service National Marine Fisheries Service Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service U.S. Fish & Wildlife Service Stephen Thompson, in His Official Capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service United States Bureau of Reclamation Kirk C. Rodgers, in His Official Capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation Gray Davis, Governor of the State of California California Resources Agency Mary D. Nichols, in Her Official Capacity as Secretary of the California Resources Agency California Environmental Protection Agency Winston Hickox, in His Official Capacity as Secretary of the California Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003
- Carroll Touch, Inc. v. Electro Mechanical Systems, Inc., Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1993
- Brooks Furniture Manufacturing, Inc. v. Dutailier International, Inc. And Dutailier, Inc.Court of Appeals for the Federal Circuit · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Rick's Mishroom Service, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2008
- Autogenomics, Inc. v. Oxford Gene Technology Ltd.Court of Appeals for the Federal Circuit · 2009
- Revolution Eyewear, Inc. v. Aspex Eyewear, Inc.Court of Appeals for the Federal Circuit · 2009
- DDB Technologies, L.L.C. v. MLB Advanced Media, L.P.Court of Appeals for the Federal Circuit · 2008
- Marctec, LLC v. Johnson & JohnsonCourt of Appeals for the Federal Circuit · 2012
32 more not listed; retrieve them via the Exa API.