Construction IP Suit Ruled Exceptional Over Conduct

Law360, New York (October 27, 2009, 7:13 PM EDT) -- A federal judge overseeing an infringement suit related to a patent on a method for collecting construction data has deemed the case exceptional after finding evidence of litigation misconduct by plaintiff Atser Research Technologies Inc.

On Wednesday, Judge Harry Lee Hudspeth of the U.S. District Court for the Western District of Texas granted defendant Raba-Kistner Infrastructure Inc.'s motion to find the case exceptional, giving the company the chance to present its case for attorneys' fees.

The defendants maintain that the plaintiff committed litigation misconduct by neglecting...
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