Tuesday, January 19, 2010

Attorneys' Fees Denied in "Arguably" Exceptional Case Due to "Sloppy" and/or "Misleading" Motion

Although defendant arguably established that the case was exceptional, the court denied defendant's motion for attorneys' fees because defendant's motion was "[a]t best . . . rife with error and extremely sloppy; at worst . . . misleading and/or made in bad-faith." "To say the least, it takes considerable chutzpah for Defendant to argue that its fees should be paid because Plaintiff brought motions and continued litigation without a good faith basis when Defendant’s own motion raises various frivolous arguments that ignore binding Federal Circuit precedent or orders by this Court in this case on the exact issue."

Atlantis Enterprises, Inc. v. Avon Products, Inc. et al., 2-07-cv-03062 (CACD January 14, 2010, Minutes) (Collins, J.)

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