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WEDGETAIL LTD. v. HUDDLESTON DELUXE, INC.

No. 2009-1045.

576 F.3d 1302 (2009)

WEDGETAIL, LTD. and Bobby D. King, Plaintiffs-Appellees, v. HUDDLESTON DELUXE, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 12, 2009.

Attorney(s) appearing for the Case

Andy Tindel, Provost Umphrey Law Firm, LLP, of Tyler, TX, argued for plaintiffs-appellees.

Marc M. Gorelnik, Townsend and Townsend and Crew LLP, of San Francisco, CA, argued for defendant-appellant. With him on the brief were Nancy L. Tompkins, and Megan M. Chung.

Before SCHALL, GAJARSA, and DYK, Circuit Judges.

GAJARSA, Circuit Judge.

Huddleston Deluxe, Inc. appeals from an order of the U.S. District Court for the Eastern District of Texas that dismissed with prejudice Wedgetail Ltd.'s claims of infringement and Huddleston's declaratory judgment counterclaims, and established that each party was to bear its own costs and legal fees. Specifically, Huddleston appeals the district court's decision not to award attorney fees under 35 U.S.C. § 285. Because we find that the...

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