Texas Federal Magistrate Judge Says Award Of Fees Not Warranted In Patent Case
(October 26, 2016, 12:01 PM EDT) -- MARSHALL, Texas — Under the operative standard for awarding attorney fees in a patent case, a Texas federal magistrate judge on Oct. 24 found that allegations that Cabela’s Inc. infringed a patented system and method for processing transactions do not qualify as “exceptional” (E2E Processing Inc. v. Cabela’s Inc., No. 14-36, E.D. Texas; 2016 U.S. Dist. LEXIS 147139).
(Decision available. Document #16-161107-018Z.)
According to U.S. Magistrate Judge Roy S. Payne of the Eastern District of Texas, the defendant is unable to satisfy the requirements set forth...