Wednesday, December 10, 2008

Failure to conduct adequate pre-filing investigation warrants sanctions against plaintiff and its counsel

"Given the undisputed facts in this case, the intrinsic evidence of record, the Court’s construction of the claims of the [patent-in-suit], and the finding of noninfringement as a matter of law, the Court must conclude that any reasonable pre-suit investigation would have revealed that the allegedly infringing devices did not contain any type of miniature infrared camera and therefore could not have literally infringed [plaintiff's] patent. Likewise, in light of the prosecution history and the doctrine of prosecution history estoppel, there is no nonfrivolous argument for the finding of infringement after applying the doctrine of equivalents. . . . The imposition of Rule 11 sanctions is therefore appropriate in this case against both [plaintiff] and its counsel."

Triune Star, Inc v. The Walt Disney Co., 1-07-cv-01256 (ILCD November 24, 2008, Order)

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