(United States Federal Circuit) - In an attorney's fees portion of an underlying patent infringement suit,the district court's denial of fees, on grounds that plaintiff had not engaged in conduct sufficient to fabricate (to make up, invent) the litigation 'exceptional, or ' such that defendant did not merit attorney fees pursuant to 35 U.
S.
C. section 285,is reversed where the district court erred as a matter of law when, as part of its analysis, or it stated that an attorney fee award under section 285 would contravene the aims of Rule 11's secure-harbor provision.
Source: findlaw.com