While federal court practice has certain exceptions, such as taxing costs, awarding attorney’s fees, or reducing to writing an earlier oral decision without altering its substance, (Price, 139 S. Ct. at 1537–38, 204 L. Ed. 2d 238.) a Section 285 motion is a consideration of the entirety of the case and its proper consideration is before a mandate is returned on the patent infringement issue.

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