Albright Denies Atty Fees For $13M Winner In Payment IP Trial

By Dani Kass (December 3, 2021, 9:54 PM EST) -- CloudofChange LLC isn't entitled to attorney fees after winning a $13.2 million jury verdict against NCR Corp. for infringement of payment processing patents, U.S. District Judge Alan Albright has ruled.

The Western District of Texas judge on Thursday rejected all of CoC's arguments that NCR's litigation conduct was "unreasonable" or otherwise exceptional, holding that NCR didn't actively ignore a notice of infringement and that disputes over discovery and testimony weren't outside the norm.

"All conducts that CoC alleges as 'unreasonable' are rather common litigation practices within the bounds of legal doctrines," Judge Albright wrote. "The fact that the jury ... found for...

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