A patent infringement plaintiff was allowed to test the limits of local patent rules, even if unsuccessful, a federal judge in Pittsburgh has ruled in denying defendant Nintendo’s motion for attorney fees.

U.S. District Judge David Stewart Cercone of the Western District of Pennsylvania issued a two-page order this week in Copper Innovations Group v. Nintendo, finding his earlier ruling denying Copper Innovations’ late reversal of its theory of the case did not mean the plaintiff’s conduct warranted the extraordinary relief Nintendo requested.

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