Patent owner balks at fee award, cites newly issued—and similar—patent

"In an e-mail to Ars regarding the reconsideration request, EFF lawyer Daniel Nazer pointed out that Garfum already argued this application was relevant to its case, and that was rejected by the judge.

"Judge Simandle's ruling was based on multiple factors, including the fact that Garfum submitted an expert declaration that was inconsistent with the text of its own patent," EFF lawyer Daniel Nazer said in response to an e-mail from Ars. He also noted Garfum already brought up the patent office actions earlier in the case. "We are hopeful that the judge will stick with his original ruling.""