Wednesday, December 30, 2009

Shifting Positions on Claim Construction Warrants Award of Attorneys' Fees for Additional Claim Construction Briefing

Where defendant changed its position regarding the construction of a term after two preliminary claim construction statements, the court ordered sua sponte that defendant pay plaintiff's attorneys' fees for briefing responding to the proposed new construction. "How to construe this phrase is a difficult question on which the Court could benefit from further briefing. Because [defendant's] misbehavior has made this additional briefing necessary, [defendant] should pay for it."

Northbook Digital LLC v. Vendio Services, Inc., 0-07-cv-02250 (MND December 28, 2009, Order) (Schiltz, J.)

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