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NIGHTINGALE HOME HEALTHCARE v. ANODYNE THERAPY

No. 10-2327.

626 F.3d 958 (2010)

NIGHTINGALE HOME HEALTHCARE, INC., Plaintiff-Appellant, v. ANODYNE THERAPY, LLC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 23, 2010.

Attorney(s) appearing for the Case

Jennifer S. Milligan , Attorney, Carmel, IN, for Plaintiff-Appellant.

Robert E. Johnson , Attorney, Gray Robinson P.A., Tampa, FL, Michael A. Wukmer , Attorney, Ice Miller , Indianapolis, IN, for Defendant-Appellee.

Before POSNER, KANNE, and ROVNER, Circuit Judges.

POSNER, Circuit Judge.

After Anodyne successfully defended against Nightingale's suit, see 589 F.3d 881 (7th Cir.2009), the district judge granted the defendant's request for an award of attorneys' fees in the amount of $72,747. The award was based on 15 U.S.C. § 1117(a), which allows attorneys' fees to be awarded to prevailing parties in Lanham Act suits—but only in "exceptional cases," a term we shall try to clarify...

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