Plaintiffs moved to defer the court’s ruling on defendant Lifescan’s exceptional case motion which requested an award of fees and expenses until the resolution of their pending appeal before the Federal Circuit. Roche Diagnostics Operations, Inc., et al. v. Abbott Diabetes Care, et al., C.A. No. 07-753-LPS, Memo. Order (D. Del. March 3, 2011). Judge Stark granted the motion and found that the outcome of the appeal “will affect resolution” of the motion, by either changing the “prevailing party” to plaintiffs, thereby mooting the motion, or changing the fee application of defendants to include costs and fees from the appeal. Id. at 2.
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