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February 19, 2014


Don't you mean section 284 is the relevant section in the Highmark cases?


Thank you for your comment. The Highmark case is about how much discretion a district court’s determination is entitled to regarding attorney’s fee awards under 35 U.S.C.§ 285. Of course, willfulness, under § 284, can impact that determination. Therefore, some of the briefs discussed this section. But the issue that will be considered by the Court relates to § 285. Thanks again for the comment.


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