NorthMobileTech LLC v. Simon Property Group, Inc., 3-11-cv-00287 (WIWD May 21, 2013, Order) (Conley, J.).
The court denied defendant's motion for attorneys' fees under 35 U.S.C. § 285 based on plaintiff's settlement conduct. "[Defendant] points to [plaintiff's] settlement conduct, specifically that [plaintiff] settled early with several defendants for amounts that [defendant] asserts reflect [plaintiff's] goal of obtaining nuisance settlements. . . . [Plaintiff's] settlement pattern raises some eyebrows but because its positions were not entirely baseless, its attempts to settle claims early in the litigation for costs lower than the amounts of a defense are not sufficient, alone, to find subjective bad faith."
Site Update Solutions LLC v. Accor North America Inc., et. al., 5-11-cv-03306 (CAND May 21, 2013, Order) (Grewal, M.J.).