The court denied defendant's motion for attorneys' fees under 35 U.S.C. § 285 following summary judgment based on plaintiff's alleged filing of a frivolous lawsuit. "Unless the request for attorneys’ fees is based on litigation misconduct or inequitable conduct before the PTO, a court should award attorneys’ fees 'only if both (1) the litigation is brought in subjective bad faith, and (2) the litigation is objectively baseless.' . . . Defendant argues that attorneys’ fees should be awarded because Plaintiff filed this frivolous lawsuit. However, Defendant has not provided any evidence of Plaintiff’s subjective bad faith. As such, Defendant has not met its burden to show that this is an exceptional case which merits attorneys’ fees."
Mark Hunter v. Lamps Plus Inc., et. al., 8-10-cv-00298 (CACD December 27, 2010, Order) (Anderson, J.)