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BAYCHAR, INC. v. SALOMON/NORTH AMERICA, INC.

Civil Nos. 04-136-B-H, 04-144-B-H.

584 F.Supp.2d 275 (2008)

BAYCHAR, INC., et al., Plaintiffs v. SALOMON/NORTH AMERICA, INC., Defendant. Baychar, Inc., et al., Plaintiffs v. The Burton Corporation, et al., Defendants.

United States District Court, D. Maine.

Decision and Order Denying Reconsideration December 10, 2008.

Attorney(s) appearing for the Case

John W. Kepler, III, Gallop, Johnson & Neuman LLC, St. Louis, MO, Keith Jacques, Smith, Elliott, Smith & Garmey, P.A., Portland, ME, Michael I. Montembeau, Smith, Elliott, Smith & Garmey, P.A., Saco, ME, for Plaintiffs.

Donald A. Degnan, Holland & Hart LLP, Boulder, CO, Lee F. Johnston, James E. Hartley, Holland & Hart LLP, Denver, CO, Glen L. Porter, Eaton Peabody, Bangor, ME, for Defendants.

DECISION AND ORDER ON DEFENDANTS' MOTIONS FOR ATTORNEY FEES AND EXPENSES

D. BROCK HORNBY, District Judge.

These motions seek attorney fees for unsuccessful patent litigation by the patentee. I conclude that some fees should be awarded against the patentee under 35 U.S.C. § 285 for vexatious litigation.

In two separate patent lawsuits, Baychar, Inc. and Baychar Holdings, Inc. (collectively "Baychar"), alleged that twenty-two products sold by...

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