Effective Exploration, LLC v. Bluestone Natural Resources II, LLC, No. 2:16-cv-00607 (E.D. Tex. Jan. 18, 2018)

From the Opinion

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Having won summary judgment of noninfringement, BlueStone now moves to declare this case exceptional under 35 U.S.C. § 285 and requests $700,000 in attorneys’ fees. Dkt. No. 187. Although certain elements of this case and others filed by Effective Exploration weigh in favor of finding exceptionality, the totality of the circumstances do not justify such a finding. Accordingly, BlueStone’s motion is denied. BACKGROUND Effective Exploration is a non- practicing entity formed in 2013.