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