Defendant's motion for attorneys' fees under 35 U.S.C. § 285 following summary judgment was denied. "[Plaintiff] could not have determined noninfringement from examination of the samples, even aided by demonstrations and discussions with [defendant]. . . . [W]hether [defendant's] products infringed [plaintiff's] patent was a 'question of claim construction.'. . . Because infringement was determined, in this case, by claim construction -- rather than by questions of mechanical structure, functioning, and operations -- [plaintiff] could not have known, based on technical examinations alone, that its claims would not succeed."
Karl Storz Imaging, Inc. v. Pointe Conception Medical, Inc., 2-09-cv-08070 (CACD October 21, 2011, Order) (Feess, J.)