Thursday, May 2, 2013

Defendant’s Failure to Pursue Counterclaims did not Warrant Attorneys’ Fee Award

The court denied plaintiffs' motion for attorneys' fees under 35 U.S.C. § 285. "[P]laintiffs make much of the fact that [defendant] asserted (compulsory) counterclaims of infringement . . . but then failed to submit infringement contentions on that patent by the Court-imposed deadline and failed to voluntarily withdraw those claims when asked to do so by [plaintiffs]. While [defendant] may not have cloaked itself in glory in its pursuit of [its] Patent claims, its conduct appears entirely consistent with an aggressive, but good faith, litigation strategy."

SAP AG, et. al. v. Datatern, Inc., 1-11-cv-02648 (NYSD April 30, 2013, Order) (Forrest, J.).

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