Mixed result at CAFC in GAYMAR INDUSTRIES case
The CAFC noted:
In assessing the totality of the circumstances,
the district court relied on several instances of
defendant CSZ’s purported litigation misconduct
as a basis for finding that the case was not exceptional.
We affirm the district court’s finding of a lack
of objective baselessness.
We reverse the exceptional case finding
insofar as it was
based on CSZ’s
misconduct, and remand.