Bayer CropScience AG v. Dow AgroSciences LLC, No. 15-1854 (Fed. Cir. Mar. 17, 2017)

From the Opinion

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Bayer appeals the district court’s award of attorney fees to Dow under 35 U.S.C. § 285. The district court awarded attorney fees to Dow upon finding that the case stood out from others and was thus exceptional. Because the district court did not abuse its discretion in finding the case exceptional and awarding fees, we affirm. BACKGROUND This is the second appeal to our court in this patent infringement lawsuit between plaintiffs-appellants Bayer CropScience AG and Bayer S.A.S. (collectively, “Bayer”) and defendant -appellee Dow AgroSciences LLC .