SAN FRANCISCO — Two years ago, U.S. District Judge Susan Illston saw nothing exceptional about one semiconductor designer’s patent case against a competitor. Illston dismissed Sidense Corp.’s motion for attorney fees in a single paragraph, saying there was no showing of bad faith by Santa Clara-based Kilopass Technology Inc.
On Tuesday, the judge reconsidered in light of the U.S. Supreme Court’s Octane Fitness decision this April that reset the law of “exceptional case” attorney fees. Illston’s 25-page decision in Kilopass v. Sidense is believed to be the first from a Northern District of California judge awarding fees under Octane Fitness.
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