Attorneys’ Fees Denied in Exceptional Case For Failure to Distinguish Between Declaratory Judgment Fees and Counterclaim Fees

The court denied plaintiff's motion for attorneys’ fees under 35 U.S.C. § 285 following a joint motion for dismissal. Although the court found the case to be exceptional, plaintiff did not submit adequate and timely evidence of fees related to defendant's counterclaims. "[Plaintiff] has not met its burden of substantiating the hours worked here. The materials [plaintiff] submitted in justification for attorney fees appear to include all work done by counsel after [defendant] submitted its counterclaims. The materials fail to distinguish between the hours incurred for work done on the counterclaims and hours incurred as a result of [plaintiff's] noninfringement or invalidity claims under its Complaint for Declaratory Judgment. . . . As such, an award of attorney fees in this case would require speculation. . . . The Court declines to invite untimely record keeping submissions or belated explanations for [plaintiff's] failure to fulfill its current burden."

Mauna Kea Technologies v. Anticancer, Inc., 3-11-cv-01407 (CASD March 12, 2014, Order) (Bencivengo, J.)