Plaintiff's Inequitable Conduct and Litigation Misconduct Result in $726,000 Attorneys' Fee Award

The magistrate judge recommended finding an exceptional case and granting attorneys's fees where "[plaintiff] brought this lawsuit for infringement based on a patent received without full disclosure to the PTO and engaged in a strategy of vexatious litigation, aimed at thwarting discovery of its inequitable conduct, finally choosing to dismiss the case before any adverse rulings." The district judge adopted the recommendation, observing: "The inference is inescapable that the misguided efforts by [plaintiff's] counsel to resist discovery on inequitable conduct arose in significant part because it was members of that firm that had engaged in such conduct. Under the circumstances, this case played out quite predictably."

District Judge Andre M Davis
Leviton Manufacturing Co., Inc. v. Universal Security Instruments, Inc., 1-05-cv-00889
(MDD May 12, 2009, Memorandum & Order)