ILOR, LLC v. GOOGLE INC.

Nos. 2010-1117, 2010-1172.

631 F.3d 1372 (2011)

ILOR, LLC, Plaintiff-Appellant, v. GOOGLE, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 11, 2011.


Attorney(s) appearing for the Case

David E. Schmit , Frost Brown Todd LLC, of Cincinnati, OH, argued for plaintiff-appellant.

Frank E. Scherkenbach , Fish & Richardson P.C., of Boston, MA, argued for defendant-appellee. With him on the brief were Kurt L. Glitzenstein ; and Shelley K. Mack , of Redwood City, CA.

Before RADER, Chief Judge, LINN and DYK, Circuit Judges.


DYK, Circuit Judge.

iLOR, LLC ("iLOR") appeals from an order of the United States District Court for the Eastern District of Kentucky finding this case exceptional under 35 U.S.C. § 285 and awarding attorneys' fees and costs and expenses. iLOR, LLC v. Google, Inc., No. 5:07-CV-109, Doc. 93, 2009 WL 3367391 (E.D.Ky. Oct.15, 2009). This decision was based on a finding that iLOR's proposed construction of claim 26 of U.S. Patent No. 7,206,839 ("'839 patent...

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