No Attorneys’ Fee Award for Reexamination

The court denied defendant's motion for attorneys' fees under 35 U.S.C. § 285 for fees incurred during reexamination. "[Defendant] initiated the reexamination and obtained a stay of the litigation until the examiner’s final rejection of the claims. At that time, it successfully requested that the stay be lifted before all appeals from the reexamination were exhausted. The Court then construed the claims and granted [defendant's] motion for summary judgment of non-infringement and invalidity. As a result, this is not a case in which the reexamination 'virtually replaced the district court litigation.' [Defendant] is, therefore, not entitled to the . . . fees attributable solely or primarily to the reexamination."

Kim Laube & Company, Inc., et. al. v. Wahl Clipper Corporation, et. al., 2-09-cv-00914 (CACD November 6, 2013, Order) (Kronstadt, J.)