SPENCER v. TACO BELL, CORP.

Case No. 8:12-cv-387-T-23TBM.

WAYNE SPENCER and MACH 5 LEASING INC., Plaintiffs, v. TACO BELL, CORP. and TACO BELL FOUNDATION, INC., Defendants.

United States District Court, M.D. Florida, Tampa Division.

March 20, 2014.


Attorney(s) appearing for the Case

Wayne Spencer, Plaintiff, represented by Edward P. Dutkiewicz , Law Office of Edward P. Dutkiewicz.

Mach 5 Leasing, Inc., Plaintiff, represented by Edward P. Dutkiewicz , Law Office of Edward P. Dutkiewicz.

Taco Bell, Corp., Defendant, represented by Jeffrey K. Joyner , Greenberg Traurig, LLP, Jeffrey F Yee , Greenberg Traurig, LLP & Adam B. Landa , Greenberg Traurig, LLP.

Taco Bell Foundation, Inc., Defendant, represented by Jeffrey K. Joyner , Greenberg Traurig, LLP, Jeffrey F Yee , Greenberg Traurig, LLP & Adam B. Landa , Greenberg Traurig, LLP.

Jay M. Cohen, Mediator, represented by Jay M. Cohen , Jay M. Cohen, PA.


ORDER

STEVEN D. MERRYDAY, District Judge.

The defendants (Taco Bell, collectively) assert that this action, in which Taco Bell has prevailed, is "exceptional" under 35 U.S. C. § 285 and move (Doc. 97) for the award of an attorney's fee and expenses. The plaintiffs (Spencer and Mach 5) oppose (Doc. 97) the motion.

Taco Bell argues (1) that Spencer and Mach 5 "procured the `474 Patent through egregious inequitable conduct...

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