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ILOR, LLC v. Google, Inc., 10-1117

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By FindLaw Staff on January 11, 2011 3:30 PM

District court's finding patent infringement action against exceptional reversed

ILOR, LLC v. Google, Inc., 10-1117, concerned a patent infringement suit against Google, Inc., brought by an Internet company, involving a patent directed to a method for adding a user selectable function to a hyperlink.

In reversing the district court's order finding this case exceptional under 35 U.S.C. section 285 and awarding attorneys' fees and costs and expenses to Google, the court remanded the matter in concluding that, although plaintiff was ultimately unsuccessful in its patent infringement suit, Google has not met its high burden to show by clear and convincing evidence that this suit was brought frivolously or that plaintiff's position on claim construction was objectively baseless.  Further, because there is no basis for finding of bad faith, the award of expert fees is set aside.

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