Award of Attorneys' Fees for Appeal of Exceptional Case Does Not Require "a Separate Showing that the Appeal Itself is Exceptional"

In granting defendant's motion for additional attorneys' fees for a second appeal, the court rejected plaintiff's argument that "[defendant] must make a separate showing that the appeal itself is exceptional [and] that attorney fees have to be separately justified for each phase of a case." "[T]his Court has already held twice [that] this is an exceptional case, there is clear and convincing evidence of inequitable conduct, and attorney fees are appropriate. It does not matter that [defendant] requests fees for time spent on appeal because an award under the Patent Act 'is not limited to fees paid for counsel’s work at trial.' "

Dippin' Dots Inc, v. Mosey, 3-96-cv-01959 (TXND March 13, 2009, Order)