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Shum v. Intel Corp., 10-1109

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By FindLaw Staff on December 22, 2010 2:52 PM

Award of costs to both parties in a mixed-judgment case

Shum v. Intel Corp., 10-1109, In plaintiff's suit seeking correction of inventorship for patents originally issued to his former business partner, district court's award of costs to each party with respect to the claims on which they each prevailed is affirmed as, although, by definition under Rule 54(d) of the Federal Rules of Civil Procedure, there can be only one prevailing party, district court's alternate holding that defendants are the "prevailing party" within the meaning of Rule 54 is correct.

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