NILSSEN v. OSRAM SYLVANIA, INC.

Nos. 2007-1198, 2007-1348.

528 F.3d 1352 (2008)

Ole K. NILSSEN and Geo Foundation, Ltd., Plaintiffs-Appellants, v. OSRAM SYLVANIA, INC. and Osram Sylvania Products, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 17, 2008.


Attorney(s) appearing for the Case

Paul M. Smith, Jenner & Block LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Marc A. Goldman. Of counsel on the brief were Raymond N. Nimrod, Steven McMahon Zeller and Jonathan Hill, of Chicago, Illinois. Of counsel was Sam Hirsch, of Washington, DC.

Brian D. Sieve, Kirkland & Ellis LLP, of Chicago, Illinois, argued for defendants-appellees. With him on the brief were Garret A. Leach, Kal K. Shah, Serena J. Gondek and Michael I. Cohen.

Opinion for the court filed by Circuit Judge LOURIE. Dissenting opinion filed by Circuit Judge NEWMAN.


LOURIE, Circuit Judge.

Ole K. Nilssen ("Nilssen") and Geo Foundation, Ltd. (collectively "appellants") appeal from the judgment of the U.S. District Court for the Northern District of Illinois denying appellants' motion for expert witness fees pursuant to Federal Rule of Civil Procedure 26(b)(4)(C)(i) and granting a motion for attorney fees to Osram Sylvania, Inc. and Osram Sylvania Products, Inc. (collectively "Osram") pursuant to 35 U.S.C. § 285. Nilssen...

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