GAYMAR INDUSTRIES v. CINCINNATI SUB-ZERO PRODUCTS

No. 2014-1174.

790 F.3d 1369 (2015)

GAYMAR INDUSTRIES, INC., Plaintiff-Appellee, v. CINCINNATI SUB-ZERO PRODUCTS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 25, 2015.


Attorney(s) appearing for the Case

Jodyann Galvin , Hodgson Russ LLP, Buffalo, NY, argued for plaintiff-appellee. Also represented by Robert J. Lane, Jr.

Thomas J. Burger , Wood, Herron & Evans, LLP, Cincinnati, OH, argued for defendant-appellant. Also represented by Paul J. Linden; Timothy J. Graber, Melissa M. Morton, Gibson, McAskill & Crosby, LLP, Buffalo, N.Y.

Before PROST, Chief Judge, BRYSON, and DYK, Circuit Judges.


Cincinnati Sub-Zero Products, Inc. ("CSZ"), the prevailing party in this patent infringement case, appeals the district court's denial of attorney's fees under 35 U.S.C. § 285. In holding that this was not an "exceptional case," the district court found that plaintiff Gaymar Industries, Inc.'s ("Gaymar") litigation position...

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