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Persuaded the Federal Circuit to affirm a large attorney’s fee award to the accused infringer, MPS, on the grounds that the case was “exceptional” under Section 285 of the Patent Act. The court of appeals held that the district court had properly found that the patentee, O2 Micro, pursued a vexatious litigation strategy and that it engaged in litigation misconduct. The court of appeals also upheld the full amount of the award, agreeing that MPS was entitled to recover its fees for discovery that was taken for both the district court litigation and parallel ITC litigation. 726 F.3d 1359 (Fed. Cir. 2013).
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