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Leveling the playing field: Amazon.com, Facebook, Microsoft, and others back Netflix, Inc.’s bid for consideration of "exceptional" Patent Case Standard Under 35 U.S.C. 285

  • Williams Mullen
  • -
  • USA
  • -
  • September 28 2010

A number of retailers and technology giants including Amazon.com, Facebook, and Microsoft have filed amicus briefs with the Federal Circuit in support of Netflix, Inc.’s petition for rehearing en banc in Media Queue, LLC v. Netflix, Inc. et al. Netflix successfully parried Media Queue’s patent infringement charges in California district court, but was denied attorneys’ fees under 35 U.S.C. 256, because the court concluded that the case failed to qualify as "exceptional" under the statute