McKool Smith lawyers, who helped their client Droplets Inc. win a $15 million verdict two months ago in a patent infringement lawsuit against Overstock Inc. and Sears Holding Co., want more: They have asked a judge to find that outcome “exceptional” and award their client attorney fees and costs.
In a pending motion in the litigation, filed in a Marshall federal court for the Eastern District of Texas, Droplets lists multiple reasons to find the case “exceptional.” Among those: Overstock’s alleged failure to cooperate during discovery and to produce requested documents according to court-set deadlines.
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