Successful defendants' motion for attorneys' fees under Section 285 was denied, notwithstanding defendant's letter following claim construction requesting that plaintiff dismiss its infringement claims. "[Defendant] points to a letter that it sent to [plaintiff] that asked [plaintiff] to dismiss its infringement claims in light of the court's claim construction. Had [plaintiff] complied with [defendant's] demands, [defendant] argues, none of the additional work to prepare for summary judgment motions and trial would have been necessary. Ironically, [defendant's] argument itself borders on frivolous. [Defendant] points to no authority that would create a duty in a patentee to comply with an accused infringer's self-serving letter [demanding a dismissal following claim construction] denigrating its opponent's case, even though the accused infringer turns out to be correct on the merits. Such a duty would be especially inappropriate where, as here, the claim construction that purportedly rendered the patentee's case futile was actually a compromise between the two sides' proposed constructions."
Performance Pricing, Inc. v. Google Inc. et al., 2-07-cv-00432 (TXED June 29, 2010, Order) (Rader, C.J.)