Monday, July 18, 2011

Inadequate Pre-Filing Investigation, Unsupportable Claims Construction and Unreliable Infringement Opinion Justify Award of Attorneys' Fees

Defendants' motion for attorneys' fees under 35 U.S.C. § 285 following summary judgment was granted. "Plaintiff’s claim interpretation found no support either in the plain language of the claims or the intrinsic record of the patent at issue and was therefore frivolous. The Plaintiff’s bad faith is further evidenced by the inadequacy of the investigation undertaken prior to filing this lawsuit. . . . [Plaintiff's opinion of counsel letter] fails to adhere to the standard canons of claim construction and is so lacking in any fundamental analysis or evidentiary support that the Plaintiff’s reliance upon this opinion as a basis for alleging infringement of Claim 1 was simply unreasonable and reflects a lack of good faith."

Precision Links, Inc. v. USA Products Group Inc., et. al., 3-08-cv-00576 (NCWD July 14, 2011, Order) (Reidinger, J.)

No comments: