TQP Development, LLC v. Branch Banking and Trust Company, No. 2:12-cv-00055 (E.D. Tex. Jan. 14, 2014)

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.

Before the Court is the Motion for Declaratio n of Exceptional Case and Attorney’s Fees and Costs (Dkt. No. 124) file d by Defendant Branch Banking and Trust Co. on October 25, 2013. For the reasons set out below, the motion is DENIED. Procedural history: In June of 2012, this case was set for tr ial in March of 2014. After the case was reassigned to Judge Gilstrap in January 2013, it was reset for November 4, 2013 jury selection. The Markman hearing was held on March 12, 2013 and the Claim Construction ruling issued on May 20, 2013.