Friday, August 14, 2015

Inadequate Pre-Filing Investigation and Continued Prosecution of Meritless Claim as to One of Four Patents Warrant Partial Award of Attorney Fees

Following summary judgment of noninfringement the court granted defendant's motion for attorneys' fees under 35 U.S.C. § 285 because the pro se plaintiff did not conduct an adequate pre-filing investigation and his claims for one patent-in-suit were exceptionally meritless. "[P]laintiff filed this lawsuit without purchasing or testing any of [defendant's] accused products to determine if they infringed the four subject patents. . . . During the [technology] tutorial, [defendant's electrical engineer] explained that [defendant's] accused optical products use a reference voltage in order to detect and measure particles. Thus, [plaintiff] should have known that [defendant] does not infringe [one of the patents-in-suit] as of [that date]. However, instead of dismissing the claims for [that] patent after reviewing [defendant's] discovery and appearing at the patent tutorial, plaintiff continued to prosecute his claims, relying on conclusory allegations of infringement."

Aleksandr L. Yufa v. TSI Incorporated, et al, 8-12-cv-01614 (CACD August 12, 2015, Order) (Olguin, J.)

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