BIAX Corporation v. NVIDIA Corporation, et. al., 1-09-cv-01257 (COD March 30, 2013, Order) (Brimmer, J.).
Tuesday, April 2, 2013
Proceeding With Litigation Following Unfavorable Claim Construction Warrants Attorneys’ Fees
The court granted in part defendants' motion for attorneys' fees under 35 U.S.C. § 285 following summary judgment of noninfringement. "[D]efendants filed the instant motion for attorneys’ fees pursuant to 35 U.S.C. § 285 or, in the alternative, 28 U.S.C. § 1927. Defendants seek to recover fees and costs accrued between the time the Court issued its Order Regarding Claim Construction . . . and the Court’s grant of summary judgment . . . [Plaintiff] persisted in litigating this case even after its own expert conceded that the processors in defendants’ chips cannot access all of the condition code storage locations. [Plaintiff's] decision to proceed, not only in the face of the Court’s claim construction, but in light of its own expert’s testimony supporting a finding of non-infringement, 'prolonged the litigation in bad faith.' Thus, this case is exceptional under 35 U.S.C. § 285. . . . [D]efendants are entitled to recover fees and costs incurred between . . . the date of [plaintiff's expert's] deposition [and] when the Court granted defendants’ motion for summary judgment."