Advanced Steel Recovery, LLC v. X-Body Equipment, Inc. et al

Filing 95

ORDER signed by Judge Garland E. Burrell, Jr on 1/29/15 DENYING 73 Motion for Attorney Fees. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADVANCED STEEL RECOVERY, LLC,

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Plaintiff,

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No. 2:12-cv-01004-GEB-DAD

v.
X-BODY EQUIPMENT, INC. and
JEWELL ATTACHMENTS, LLC,

ORDER DENYING ATTORNEY’S FEES
MOTION

Defendants.

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AND RELATED COUNTERCLAIMS

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Defendants and Counterclaimants X-Body Equipment, Inc.

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and Jewell Attachments, LLC move for an award of attorney’s fees

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and costs under 35 U.S.C. § 285. (Mot. for Att’y Fees, ECF No.

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87.) This statute prescribes that “[t]he court in exceptional

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cases

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party.”

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may

award

reasonable

attorney

fees

to

the

prevailing

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[A]n “exceptional” case is . . . one that
stands out from others with respect to the
substantive strength of a party’s litigating
position (considering both the governing law
and
the
facts
of
the
case)
or
the
unreasonable manner in which the case was
litigated. District courts may determine
whether a case is “exceptional” in the caseby-case
exercise
of
their
discretion,
considering
the
totality
of
the
circumstances.

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Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct.

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1749, 1756 (2014).

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The moving parties have not satisfied this standard;

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therefore, the motion is denied.

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Dated:

January 29, 2015

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