RFR Industries, Inc. v. Century Steps, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
PROST, Circuit Judge.
RFR Industries, Inc. (“RFR”) appeals from a judgment of the United States District Court for the Northern District of Texas granting Century Steps, Inc.’s (“Century”) motion for judgment on the pleadings and granting Century’s motion for attorney fees under 35 U.S.C. § 285. Because RFR voluntarily dismissed this action under Fed.R.Civ.P. 41(a)(1)® before Century served its answer on RFR, we vacate the district court’s grant of judgment on the pleadings. And because Century is not a prevailing party, we reverse the district court’s grant of attorney fees.
BACKGROUND
RFR is…
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