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INTELLECTUAL VENTURES I LLC v. TREND MICRO

2019-1122.

944 F.3d 1380 (2019)

INTELLECTUAL VENTURES I LLC, Plaintiff-Appellant v. TREND MICRO INCORPORATED, Trend Micro Inc. (USA), Defendants-Appellees

United States Court of Appeals, Federal Circuit.

Decided: December 19, 2019.

Attorney(s) appearing for the Case

John Pierre Lahad , Susman Godfrey LLP, Houston, TX, argued for plaintiff-appellant. Also represented by Richard W. Hess ; Parker C. Folse, III , Seattle, WA.

Yar Roman Chaikovsky , Paul Hastings LLP, Palo Alto, CA, argued for defendants-appellees. Also represented by David Beckwith , Philip Ou .

Before Dyk, Taranto, and Stoll, Circuit Judges.

This is an appeal from the district court's finding of exceptionality under 35 U.S.C. § 285 and its subsequent grant of attorney fees. Because it is unclear whether the district court applied the proper legal standard, we vacate and remand for an analysis under the proper legal standard.

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