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CABOT CORP. v. SOLUTION TECHNOLOGY, INC.

No. 3:96CV505-MCK.

122 F.Supp.2d 599 (2000)

CABOT CORPORATION, Plaintiff, v. SOLUTION TECHNOLOGY, INC., Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

October 10, 2000.

Attorney(s) appearing for the Case

John R. Wester, Lawrence C. Moore, III, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, Matthew Weil, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Irvine, CA, David Stein, McDermott, Will & Emery, Newport Beach, CA, Fay E. Morisseau, McDermott, Will & Emery, Irvine, CA, for Cabot Corporation, a Delaware Corporation, plaintiff.

David Bennet, Worcester, MA, for Saint-Gobain Ind Cer, interested party.

Neil C. Jones, Dority & Manning, Greenville, SC, Patrick J. Flinn, Alston & Bird, Atlanta, GA, Wellington M. Manning, Jr., Dority & Manning, Greenville, SC, Malcolm B. Wittenberg, Crosby Heafey Roach & May, Oakland, CA, Andre G. Bouchard, Bouchard & Friedlander, Wilmington, DE, for Solution Technology Inc., a North Carolina Corporation, defendant.

Fay E. Morisseau, McDermott, Will & Emery, Irvine, CA, Irving M. Brenner, Smith Helms Mulliss & Moore, L.L.P, Charlotte, for Cabot Corporation, a Delaware Corporation, counter-defendant.

Wellington M. Manning, Jr., Malcolm B. Wittenberg, Irving M. Brenner, (See above), for Solution Technology Inc., a North Carolina Corporation, counter-claimant.

ORDER

McKNIGHT, United States Magistrate Judge.

This patent case is before the undersigned United States magistrate judge by consent of the parties pursuant to 28 U.S.C. § 636(c). At issue is whether this case is exceptional based upon willful infringement and litigation misconduct, as "exceptional" is understood for purposes of applying 35 U.S.C. § 285, and whether costs and attorneys' fees should be awarded to Cabot.1...

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