$12 Million in Attorneys’ Fees Awarded for Inventorship Claim Lacking Evidence as to Omitted Inventors

The court granted defendants more than $12 million in attorneys' fees under 35 U.S.C. § 285 following summary judgment on plaintiffs' correction of inventorship claim. "Plaintiffs could not have reasonably expected success on the merits of the patent claims without knowing the identity of the allegedly omitted inventors. . . . The Court is particularly struck by Plaintiffs’ decision to pursue their claims further following [the court's] warning that the case would likely be found exceptional based on the evidence before him at the bond hearing. Plaintiffs nevertheless continued with their claims despite [the court's] clear indication that there was a serious lack of evidence regarding Plaintiffs’ patent claims."

Gabriel Technologies, et. al. v. Qualcomm Incorporated, et. al., 3-08-cv-01992 (CASD February 1, 2013, Order) (Battaglia, J.).