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BAYER CROPSCIENCE AG v. DOW AGROSCIENCES LLC

2015-1854.

851 F.3d 1302 (2017)

BAYER CROPSCIENCE AG, Bayer S.A.S., Plaintiffs-Appellants v. DOW AGROSCIENCES LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: March 17, 2017.

Attorney(s) appearing for the Case

ADAM MORTARA, Bartlit Beck Herman Palenchar & Scott LLP, Chicago, IL, argued for plaintiffs-appellants. Also represented by DANIEL CHARLES TAYLOR, Denver, CO; ROBERT J. KOCH, Milbank, Tweed, Hadley & McCloy, LLP, Washington, DC; CHRISTOPHER JAMES GASPAR, New York, NY.

MARK S. DAVIES, Orrick, Herrington & Sutcliff LLP, Washington, DC, argued for defendant-appellee. Also represented by KATHERINE M. KOPP; PETER A. BICKS, ALEX V. CHACHKES, ANDREW D. SILVERMAN, AARON SCHERZER, New York, NY.

Before Newman, Chen, and Stoll, Circuit Judges.

Bayer appeals the district court's award of attorney fees to Dow under 35 U.S.C. § 285. The district court awarded attorney fees to Dow upon finding that the case stood out from others and was thus exceptional. Because the district court did not abuse its discretion in finding the case exceptional and awarding fees, we...

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