Day-Brite Lighting, Inc. v. Ruby Lighting Corp.

PER CURIAM. The judgment is affirmed on the findings of fact and conclusions of law of the district court, except as to the judgment for attorneys’ fees. There is no showing or finding of unfairness or bad faith in the conduct of the losing party nor any other equitable consideration of similar force *522 which makes it grossly unfair that the winner of this lawsuit he left to bear the burden of his own counsel fees which prevailing litigants normally bear, to bring the award within the discretionary power conferred in 35 U.S.C.A. §.70. Park-In-Theatres, Inc. v. Perkins, 9 Cir., 190 F.2d 137. The judgment is reversed in so far as it awards attorneys’ fees in the sum of $3,000.