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Message: Recovery of costs-Ron

Thanks Ron. The reason I had asked about the recovery of legal fees is because of a complaint I read on line : TPL vs Micromedia in the Eastern District of Texas. I'm not sure why TPL is asking the court to declare this an exceptional case.

March 12, 2012- filed in Eastern District of Texas

From the complaint:

Plaintiff Technology Properties Limited, LLC files this Complaint against Microdia Limited for infringement of U.S. Patent Nos. 7,295,443, 7,522,424, and 7,719,847 (collectively “the Patents-in-Suit”).

Defendant’s infringement of the ‘443 Patent has been willful and deliberate, entitling Plaintiff to enhanced damages and attorneys’ fees.

Defendant’s infringement of the ‘424 Patent has been willful and deliberate, entitling Plaintiff to enhanced damages and attorneys’ fees.

Defendant’s infringement of the ‘847 Patent has been willful and deliberate, entitling Plaintiff to enhanced damages and attorneys’ fees.

WHEREFORE, Plaintiff Technology Properties Limited, LLC prays for relief as follows:

Judgment that one or more claims of the Patents-in-Suit have been infringed either literally and/or under the doctrine of equivalents, by Defendant and/or by others to whose infringement Defendant has contributed and/or by others whose infringement has been induced by Defendant;

Enter a permanent injunction enjoining Defendant and its offices, directors agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents and all others acting in active concert or participation with them, from infringing or inducing infringement of each Patent-in-Suit, or, in the alternative, judgment that Defendant account for and pay to Plaintiff a reasonable royalty and an ongoing post judgment royalty because of Defendant’s past, present and future infringing activities and other conduct complained of herein;

Judgment that Defendant account for and pay to TPL all damages to and costs incurred by TPL because of Defendant’s infringing activities and other conduct complained of herein;

Judgment that Defendant account for and pay to TPL a reasonable, on-going, post judgment royalty because of Defendant’s infringing activities and other conduct complained of herein;

That Defendant’s infringements be found to be willful from the time that Defendant became aware of the infringing nature of its respective products and services, which is at latest the time of filing of Plaintiff’s Complaint and that the Court award treble damages for the period of such willful infringement pursuant to 35 U.S.C. § 284;

That TPL be granted pre-judgment and post-judgment interest on the damages caused by Defendant’s infringing activities and other conduct complained of herein;

That this Court declare this an exceptional case and award TPL its reasonable attorney's fees and costs in accordance with 35 U.S.C. § 285; and

That TPL be granted such other and further relief as the Court may deem just and proper under the circumstances.

http://news.priorsmart.com/technology-properties-v-microdia-l5Lj/

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