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Cases using phrasing similar to:
"Litigation misconduct typically "involves unethical or unprofessional conduct by a party or his attorneys during the course of adjudicative proceedings.""

  DIGITAL REG OF TEXAS, LLC v. ADOBE SYSTEMS, INC. - 9th Circuit

Decided: 3/9/2015

An exclusion of expert testimony under Daubert does not in most cases trigger a finding of litigation misconduct; however, it may if the circumstances are "sufficiently egregious." ... Adobe contends that this case is exceptional because Digital Reg (1) proposed objectively unreasonable claim constructions; (2) offered unreliable and unreasonable expert opinion; (3) engaged in litigation misconduct with respect to two fact witnesses; and (4) was only seeking nuisance value settlements.

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