Losing Plaintiff’s Failure to Perform Pre-Filing Investigation Supports Award of Attorneys’ Fees

The court granted defendant's motion for attorneys' fees under 35 U.S.C. § 285 following the dismissal of plaintiff's second amended complaint. "Regarding pre-filing investigation, Plaintiff concedes in opposition to the Motion for Sanctions that 'Plaintiff has not alleged that Defendant provides user input devices because such information is not available publicly so there is no basis to make such a statement as to that specific fact.' Plaintiff therefore acknowledges that there was no good faith basis to assert this claim against Defendant and that the lawsuit was filed with the knowledge that Plaintiff could not allege a required part of the patent claims. Thus, the litigation was objectively baseless. . . . Nevertheless, Plaintiff continued to prosecute this case, resulting in briefing on two separate Motions to Dismiss and a frivolous Motion for Reconsideration."

Lyda v. Fremantlemedia North America, 1-10-cv-04773 (NYSD August 9, 2012, Order) (Batts, J.).