NexusCard, Inc. v. Brookshire Grocery Company, No. 2:15-cv-00961 (E.D. Tex. Nov. 23, 2016)

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 to declare this case exceptional and as a result award attorney’s fees (Dkt. No. 76, “the Motion”) as filed by Defendant Kroger Corporation (“Kroger”) pursuant to 35 U.S.C. § 285. The Court, having c onsidered the Motion, is of the opinion that the motion should be DENIED. I. BACKGROUND On June 5, 2015, NexusCard brought this action against Kroger and three other defendants alleging infringement of U.S. Pa tent No.