Wednesday, January 2, 2013

Mischaracterization and Misapplication of Statute Did Not Warrant Award of Attorneys’ Fees

The court denied defendant's motion for attorneys' fees under 35 U.S.C. § 285 after the PTO and BPAI rejected the claims of the patent-in-suit as invalid because plaintiffs did not engage in litigation misconduct by mischaracterizing and misapplying a statute. "[T]he Court is deeply concerned that Plaintiffs, whether inadvertently or not, both misquoted the statute and erred in applying it to the factual situation of this case. Plaintiffs apologized and admitted their mistake. Plaintiffs also point to [another case] to illustrate that their mischaracterization is not utterly devoid of legal basis. . . . In light of Plaintiffs' reliance on the case law on the topic, the Court concludes that this one instance of mischaracterization, while troubling, is not enough to render the case exceptional."

E-Z-GO, et. al. v. Club Car, Inc., 1-09-cv-00119 (GASD December 27, 2012, Order) (Hall, J.).

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