Plaintiffs' motion to declare the case exceptional was granted where the jury found willful infringement; defendant "blatantly failed to comply" with the court's order and local rules by withholding an opinion of counsel memo by claiming that the author was a business and litigation lawyer; defendant "repeatedly burdened the Court with unnecessary motion practice throughout this case"; and defendant engaged in deposition and mediation misconduct. "The Court is concerned by the repeated instances of litigation misconduct committed by [defendant], particularly its attempt to conceal relevant and discoverable but damaging documents. [Defendant's] conduct throughout this case falls far below the Court’s standards for professionalism and collegiality."
ReedHycalog UK, Ltd. et al v. Diamond Innovations Inc., 6-08-cv-00325 (TXED August 12, 2010, Memorandum Opinion & Order) (Davis, J.)
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