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BROOKS FURNITURE MFG. v. DUTAILIER INTERN., INC.

No. 03-1379.

393 F.3d 1378 (2005)

BROOKS FURNITURE MANUFACTURING, INC., Plaintiff-Appellee, v. DUTAILIER INTERNATIONAL, INC. and Dutailier, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

January 4, 2005.

Attorney(s) appearing for the Case

R. Bradford Brittian, Pitts & Brittian, P.C., of Knoxville, Tennessee, argued for plaintiff-appellee. With him on the brief were Robert E. Pitts and Melinda L. Doss.

Kevin W. Goldstein, RatnerPrestia, of Valley Forge, Pennsylvania, argued for defendants-appellants. With him on the brief were Kevin R. Casey and Jacques L. Etkowicz.

Before NEWMAN, LOURIE, and DYK, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Dutailier International, Inc. and Dutailier, Inc. (together "Dutailier"), appeal the decision of the United States District Court for the Eastern District of Tennessee1 holding that Brooks' action for declaratory judgment that Dutailier's patent is invalid and not infringed constitutes an exceptional case and awarding attorney fees. The award is vacated.

BACKGROUND

Dutailier is the owner...

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