Digeo, Inc. v. Audible

Audible, Inc. (“Audible”) appeals the decision of the United States District Court for the Western District of Washington to deny Audible’s motion for attorney fees under 35 U.S.C. § 285 including its request for additional discovery to develop the § 285 claim. We heard oral argument on September 5, 2007. Because we discern no clear error in the district court’s finding that the case is not exceptional and because we conclude the court did not abuse its discretion in denying additional discovery, we affirm.

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