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INNOVATION TECHNOLOGIES v. SPLASH! MEDICAL DEV.

No. 2007-1424.

528 F.3d 1348 (2008)

INNOVATION TECHNOLOGIES, INC., Plaintiff-Appellant, v. SPLASH! MEDICAL DEVICES, LLC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 16, 2008.

Attorney(s) appearing for the Case

Neil C. Jones, Nelson Mullins Riley & Scarborough, LLP, of Greenville, South Carolina, argued for plaintiff-appellant.

Marvin A. Glazer, Cahill, von Hellens & Glazer, P.L.C., of Phoenix, Arizona, argued for defendant-appellee.

Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MOORE, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This appeal challenges the United States District Court for the Northern District of Georgia's ruling that this patent infringement suit was an "exceptional case" under 35 U.S.C. § 285 and award of attorney fees to the appellee Splash! Medical Devices, LLC ("Splash"). We hold that the district court failed to make adequate findings to support its "exceptional-case" determination. We vacate...

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