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Tuesday, February 27, 2018 8:59:03 PM
"On February 2, 2018, in Sophos Inc. v. RPost Holding, Inc., Judge Denise Casper became the latest judge to declare a case “exceptional” under 35 U.S.C. § 285 and award the declaratory judgment plaintiff, Sophos, the opportunity to recover its attorneys’ fees. The court’s decision in Sophos comes as the four year anniversary of the Supreme Court’s landmark decision in Octane Fitness v. ICON Health & Fitness rapidly approaches."
"When Dreams Come True? Using Section 285 to Impose Fees against a Losing Patentee’s Lawyers"
Simply put Susman and Godfrey (Worlds Attorneys) are also on the hook for opposing counsels legal fees if the Judge deems it exceptional. This Judge has now exercised that option on a different case.
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