Wi-Lan Inc. v. LG Electronics, Inc., et. al., 1-10-cv-00432 (NYSD May 10, 2013, Order) (Peck, M.J.).
Tuesday, May 14, 2013
Federal Circuit’s Per Curiam Affirmance of Noninfringement Finding Does Not Support Award of Attorneys’ Fees
The magistrate judge recommended denying defendant's motion for attorneys' fees under 35 U.S.C. § 285 following plaintiff's unsuccessful appeal of summary judgment of noninfringement. "[Defendant] makes much of the Federal Circuit's per curiam affirmance without opinion six days after the oral argument. Without more, the Court declines to interpret the summary affirmance as a silent statement by the Federal Circuit that [plaintiff's] infringement theory was objectively baseless. . . . This is especially true where, as here, the Federal Circuit held oral argument on the appeal."