Charge Lion LLC v. Semtech Corporation, 6-12-cv-00769 (TXED August 25, 2014, Order) (Love, M.J.)
Wednesday, August 27, 2014
Unsubstantiated Claim of “Extortive Litigation Tactics” No Basis for Attorneys’ Fee Award
The court denied defendant's motion for attorneys’ fees under 35 U.S.C. § 285 after plaintiff executed a covenant not to sue and dismissed its action. "[Defendant] argues that it is entitled to attorney fees because [plaintiff's] attempts to extract settlements from each of the defendants evidences bad faith. . . . While [defendant] presents a chart outlining the licensing fees paid by each defendant and calculates an average payment of $15,188 per defendant, [defendant] fails to fully substantiate its claim that [plaintiff] was engaged in extortive litigation tactics. Moreover, despite offering its subjective interpretation of [plaintiff's] decision to dismiss its infringement claims, [defendant] provides no other evidence of any improper settlement negotiations or that other defendants in the case were strong-armed into paying licensing fees."