Thursday, November 6, 2008

Failure of plaintiff's expert to opine as to infringement of certain accused products rendered the case exceptional as to those products

"[W]hen [plaintiff's] own expert declined to state that the twenty products contained phase change materials that would infringe the [patent-in-suit], [plaintiff's] claims against those products ceased to be colorable, and it was vexatious for [plaintiff] not to withdraw the infringement claims then as to those products."

Baychar Inc. v. Salomon / North America, Inc., 1-04-cv-00136 (MED November 4, 2008, Decision and Order)

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