UNIVERSITY OF UTAH v. MAX-PLANCK-GESELLSCHAFT

2016-1336.

851 F.3d 1317 (2017)

UNIVERSITY OF UTAH, Plaintiff-Appellee v. MAX-PLANCK-GESELLSCHAFT ZUR FOERDERUNG DER WISSENSCHAFTEN E.V., a corporation organized under the laws of Germany, Max-Planck-Innovation GmbH, a corporation organized under the laws of Germany, Whitehead Institute for Biomedical Research, a Delaware corporation, Massachusetts Institute of Technology, a Massachusetts corporation, Alnylam Pharmaceuticals, Inc., a Delaware corporation, Robert L. Caret, President of the University of Massachusetts in his official capacity, James R. Julian, Jr., Christine M. Wilda, Senior Vice President for Administration & Finance and University Treasurer of the University of Massachusetts, in his official capacity, James P. McNamara, Executive Director, Office of Technology Management of the University of Massachusetts, in his official capacity, their predecessors and successors in office, Defendants-Appellants University of Massachusetts, a Massachusetts corporation, David J. Gray, Defendants.

United States Court of Appeals, Federal Circuit.

Decided: March 23, 2017.


Attorney(s) appearing for the Case

MARK CARLSON , Hagens, Berman, Sobol, Shapiro LLP, Seattle, WA, argued for plaintiff-appellee. Also represented by STEVE BERMAN .

MORGAN CHU , Irell & Manella LLP, Los Angeles, CA, argued for defendants-appellants. Also represented by DAVID ISAAC GINDLER , ALAN J. HEINRICH ; SANDRA HABERNY , Newport Beach, CA.

Before O'Malley, Reyna, and Wallach, Circuit Judges.


Defendants-Appellants ("Max Planck") appeal a decision of the United States District Court for the District of Massachusetts, which found that this case was not "exceptional" within the meaning of 35 U.S.C. § 285 and thus denied Max Planck's motion for attorney fees. The district court did not abuse its discretion. We...

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