Wednesday, May 30, 2012

Defendants' "Intimidating" Settlement Offers Support Award of Enhanced Damages and Attorneys' Fees

The court granted in part plaintiff's motion for attorneys' fees under 35 U.S.C. § 285 following a jury trial where defendants engaged in bad faith litigation tactics. "Plaintiff contends that Defendants’ litigation tactics reflect an effort to intimidate Plaintiff so that he would not pursue his lawful patent claims. Defendants allegedly attempted to do so by asserting that they would 'not let go of this case' until Plaintiff paid Defendants their attorney’s fees. . . . These settlement offers, combined with intimidating language, are evidence of bad faith litigation tactics. Thus, this evidence supports an award of attorney’s fees."

Jake Lee v. Mike's Novelties, Inc., et. al., 2-10-cv-02225 (CACD May 22, 2012, Order) (Kronstadt, J.).

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