Judge Gayles (SDFL) denies the #Birdrock motion for fees, finding that Birdrock isn't a prevailing party, that this isn't an exceptional case, and that "Plaintiff has not engaged in unreasonable or vexatious conduct."

But he rule that Birdrock is entitled to recover the money posted as a bond due to "Plaintiff's lack of diligence in identifying Birdrock as a party and restraining its assets."

The bond is $10k.

#DesignPatents #ScheduleA

Looks like the cormorants have formed a council on the high rock, the pelicans are staying clear, they know this will not end well.

#birds #birdStories #birdRock #marinHeadlands #cormorants

Unsurprisingly, Ningbo doesn't want to do a hearing on #BirdRock 's motion for fees:

https://www.courtlistener.com/docket/66694123/xyz-corporation-v-the-individuals-partnerships-and-unincorporated/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

#ScheduleAFightsBack

"Bird Rock" at Cape St. Mary's Ecological Reserve

#Gannets #BirdRock #Birds #Birding #BirdsOfMastodon #Fog #Newfoundland #Canada #ArtWithOpenSource #Darktable #CreativeCommons #CCBYSA #Nature #NaturePhotography #BirdPhotography #Wildlife #WildlifePhotography #Photography
https://commons.wikimedia.org/wiki/File:%22Bird_Rock%22_-_Cape_St._Mary%27s_Ecological_Reserve,_Newfoundland_2019-08-10.jpg

BirdRock has filed its reply in support of its motion for fees: https://storage.courtlistener.com/recap/gov.uscourts.flsd.626222/gov.uscourts.flsd.626222.69.0.pdf

"It is now apparent from its responses to the Motions, including Plaintiff’s counsel’s new declaration—that Plaintiff’s representations that BirdRock was a Chinese infringer—was not based upon good cause. Instead, it was based solely on Plaintiff’s bias, stereotypes and unfounded assumptions."

For more on this case & BirdRock's motion, see: #BirdRock

#DesignPatents #ScheduleA #ScheduleAFightsBack

Ningbo has responded to BirdRock's motion for fees (as you might imagine, Ningbo is opposed): https://storage.courtlistener.com/recap/gov.uscourts.flsd.626222/gov.uscourts.flsd.626222.61.0.pdf

https://www.courtlistener.com/docket/66694123/xyz-corporation-v-the-individuals-partnerships-and-unincorporated/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

For prior discussions of this case and BirdRock's motion, see: #BirdRock

#DesignPatents #ConceptFallacy #ScheduleA #Litigation #LawFedi

This brief is really good: https://storage.courtlistener.com/recap/gov.uscourts.flsd.626222/gov.uscourts.flsd.626222.56.0.pdf

It remains to be seen whether this judge will be moved or, as in #GorgeDesign, will just reject it all out of hand.

#BirdRock #ScheduleA