Ameranth, Inc. v. Domino's Pizza, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA AMERANTH, INC., Case No.: 12cv0733 DMS (WVG) Plaintiff,

ORDER GRANTING IN PART

v. DEFENDANTS’ SECOND

RENEWED MOTION TO DECLARE

DOMINO'S PIZZA, INC. and

CASE EXCEPTIONAL AND

DOMINO'S PIZZA, LLC AWARD ATTORNEY FEES AND Defendants. NON-TAXABLE COSTS 15 16 17 This case comes before the Court on Defendants Domino’s Pizza, LLC and Domino’s Pizza, Inc.’s second renewed motion to declare this case exceptional and award attorney fees and non-taxable costs under 35 U.S.C. § 285. The original motion was filed after this Court found Ameranth’s U.S. Patent No. 8,146,077 (“the ‘077 Patent”) unpatentable under 35 U.S.C. § 101, and after Ameranth filed an appeal of that Order. In light of Ameranth’s appeal, the Court denied the original motion without prejudice. After the Federal Circuit affirmed this Court’s unpatentability finding, the Domino’s Defendants renewed…