Gilead contends that there were better and more efficacious alternatives such as Viread® and another generic product that were on the doorstep of entering the market. As previously discussed, it is within the court's discretion whether or not to award attorney's fees. Machinery Corp. of Am., 774 F.2d at 471; Badalamenti v. Dunham's, Inc., 896 F.2d 1359, 1364 (Fed. Cir. 1990). It is equally clear that the defendant bears the burden of proving, by clear and convincing evidence, that this case is exceptional.

Accordingly, the appropriateness of awarding attorneys' fees will not be discussed here. "In addition, even if the case is found to be exceptional, the district court in its discretion may decline to award attorney fees." Badalamenti v. Dunham's, Inc., 896 F.2d 1359, 1365 (Fed. Cir. 1990). Even if the Court had determined that this case was exceptional, it would not award attorneys' fees. 35 U.S.C. § 285 does not entitle Paddock to an award.