Purely conjecture here, but this was in the article Scruf posted --
Reasonable Attorneys’ Fees: Courts have discretion to require the losing party in a patent infringement suit to pay the legal fees of the prevailing party “in exceptional cases.” Most commonly, this occurs when the defendant is found to have willfully infringed, the plaintiff’s case is unusually weak, or the losing party is found to have engaged in misconduct during the litigation or in obtaining the patent at issue
Could this be applied to our situation in relation to the attorneys fees?
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