Dow's Fee Bid Must Wait For High Court Ruling, Judge Says

Law360, Los Angeles (January 10, 2014, 10:01 PM EST) -- A Delaware federal judge on Friday denied Dow AgroSciences LLC’s attempt to recover attorneys’ fees in its successful defense of Bayer CropScience AG’s patent infringement allegations, but gave Dow a chance to refile after an upcoming U.S. Supreme Court decision.

U.S. District Judge Joel Schneider ruled he would wait for the Supreme Court’s decision in Octane Fitness LLC v. Icon Health & Fitness Inc., on whether the Federal Circuit’s “exceptional” case standard should be lowered for winning parties seeking to collect attorneys’ fees. Doing so would...
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