A $6.6 million award of attorney fees in the Eastern District of Pennsylvania was reversed by the U.S. Court of Appeals for the Federal Circuit because the underlying patent-infringement case didn’t rise to the level of being "exceptional."
U.S. District Judge Petrese B. Tucker of the Eastern District of Pennsylvania had awarded attorney fees to the defendant in a case between manufacturers of electronic anti-shoplifting devices after the plaintiff’s expert examined the wrong devices ones that weren’t specifically at issue in the suit.
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