HALLIBURTON CO. v. SCHLUMBERGER TECHNOLOGY CORP.

Civ. A. No. H-85-5464.

722 F.Supp. 1433 (1989)

HALLIBURTON COMPANY, Plaintiff, v. SCHLUMBERGER TECHNOLOGY CORPORATION, Defendant.

United States District Court, S.D. Texas, Houston Division.

October 25, 1989.


Attorney(s) appearing for the Case

Fay E. Morisseau, Vinson & Elkins, Houston, Tex., Joel M. Freed, Burns, Doane, Swecker & Mathis, Alexandria, Va., for plaintiff.

Ronald L. Palmer, Baker & Botts, Houston, Tex., Richard G. Berkley, and Dana M. Raymond, Brumbaugh, Graves, Donohue & Raymond, New York City, for defendant.


MEMORANDUM AND ORDER

LAKE, District Judge.

The Court has found that Halliburton's patents are unenforceable because of inequitable conduct, and Schlumberger now seeks reimbursement of the attorneys' fees and expenses it incurred in defending what it contends is an "exceptional case" under 35 U.S.C. § 285. To obtain such relief Schlumberger must establish, by proof of clear and convincing evidence, both that the case is exceptional and that the Court...

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