Horatio Washington Depot Tech. v. Tolmar, Inc., No. 19-2443 (Fed. Cir. Apr. 12, 2021)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Tolmar, Inc., Tolmar Pharmaceuticals, Inc., and Tol- mar Therapeutics, Inc. (collectively, “Tolmar”) appeal the district court’s denial of its motion for attorney fees under 35 U.S.C. § 285. Finding no error warranting correction, we affirm. Tolmar raises three primary arguments on appeal, of which none are persuasive. First, Tolmar contends that the district court applied the wrong legal te st by focusing on limited portions of the case, rather than the totality of the circumstances.