Plaintiff's motion for enhanced damages was denied. "[Defendant's] initiation of the reexamination proceeding was not egregious. The reexamination proceeding did not delay the court proceedings, and in fact helped to focus the issues for trial by clarifying the distinctions between prior art and the claimed invention. The fact that [defendant's] positions on claim construction evolved during the course of the litigation is not a factor that weighs in favor of enhanced damages. A party is entitled to clarify its claims and defenses and the evidence supporting them as litigation unfolds."
District Judge Richard P. Matsch
MD/Totco, a Division, et al v. Pason Systems USA 1-03-cv-02579
(COD April 28, 2009, Order)