In granting in part defendant's motion for attorneys' fees under § 285, the court found that defendant's earlier offer to settle merited an award of fees. "The Court also considers the tactics of counsel. Despite considerable evidence that it had not infringed, [defendant's pre-summary judgment] letter also included an offer of settlement. There is no evidence [plaintiff] entertained negotiations. These divergent tactics, commendable on [defendant's] behalf, support an award of fees . . ."
Old Reliable Wholesale, Inc. v. Cornell Corporation, 5-06-cv-02389 (OHND February 2, 2010, Memorandum Opinion & Order) (Dowd, J.)