District of South Dakota Slams Door on Aluminart’s Attorney Fee Claim

Posted on | March 18, 2008 | No Comments

08-1174 Larson Mfg. v. AluminArt Products
D/SD 03-CV-4244

Defendant AluminArt Products has appealed Judge Lawrence Piersol’s denial of its motions to alter judgment (by declaring the case exceptional under 35 U.S.C. §285) and for attorney fees. This is the cross appeal for case 2008-1096. After a two-day trial, Judge Piersol found that Plaintiff Larson Mfg. had engaged in inequitable conduct during the reexamination of Patent No. 6,618,998 (a door with variable screen lengths).  While the Court disagreed with Larson Mfg.’s characterization of this case as a "close call" and involving "exceedingly complex" reexamination issues, it concluded the case was not exceptional based in part on the fact that Larson Mfg. failed to disclose materials rather than "more egregious" conduct such as affirmatively misrepresentinng facts to the PTO.

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