Chrimar Systems, Inc. v. Foundry Networks, Inc., 2-06-cv-13936 (MIED October 3, 2013, Order) (Cohn, J.)
Monday, October 7, 2013
“Patent Troll” Accusation Does Not Justify Award of Attorneys’ Fees
Following summary judgment of invalidity, the court denied defendant's motion for $4.9 million in attorneys' fees and rejected defendant's argument that the award was justified because plaintiff was a "patent troll." "[Defendant], suggesting that [plaintiff] is a patent troll is poorly taken, and seriously damages its credibility. . . . As [plaintiff] says in its response,'[t]his recitation is only provided for the purposes of evoking an emotional response,' and to prejudice the Court against [plaintiff]. . . . [Plaintiff] is the assignee of the inventor of the [patent-in-suit]. In three of the four infringement cases brought by [plaintiff] in this district, after long and contentious proceedings, three of the defendants took a license. There is nothing in [plaintiff's] conduct in any of the four cases that was unduly aggressive or opportunistic. [Plaintiff] made out a credible case for infringement which was never adjudicated, and put up a credible case in defending validity."