· 10/2/1985
MacHinery Corporation of America v. Gullfiber Ab, Gullfiber International and Marvin Schneider
Citations
- 774 F.2d 467
- 227 U.S.P.Q. (BNA) 368
- 1985 U.S. App. LEXIS 15286
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- emphasizing that fee awards in patent cases should be limited to exceptional circumstances and require careful consideration of all relevant factors
- opining that the Court may assess fees under Section 285 against the agent of a disclosed principal, even if he is a non-party to the patent claims, when that agent is responsible for the predicate acts rendering the case exceptional
- opining that the Court may assess fees under § 285 against the agent of a disclosed principal, even if he is a non-party to the patent claims, when that agent is responsible for the predicate acts rendering the case exceptional
- “The gross negligence standard has been defined as requiring willful, wanton, or reckless misconduct, or evidence of ‘utter lack of all care.’”
- “The gross negligence standard has been defined as requiring willful, wanton, or reckless misconduct, or evidence of utter lack of all care” (internal citation omitted)
- “only after the prevailing party has established the exceptional nature of the case by clear and convincing evidence should the district court decide whether or not to make the award [of attorney fees].”
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Kashiwa, Newman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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