Prolonging Reexamination and Litigation Warrants Award of Attorney Fees Under 35 USC § 285

The court granted defendants' motion for attorneys' fees under 35 U.S.C. § 285 after plaintiff's case was dismissed following the PTO's invalidation of all asserted claims. "Plaintiff, an apparent shell corporation, seems to have been formed with the sole intent to create jurisdiction in another district. . . . It also seems that Plaintiffs further prolonged the reexamination process, and consequently this litigation, by refusing to present the USPTO with additional prior art that, eventually, was dispositive of the claims at issue in this case. . . . Unperturbed, Plaintiff sought to reopen the underlying litigation to engage in discovery to attempt to assert additional claims, despite having had multiple previous opportunities to assert such claims. . . . [I]n its most recent opposition to the instant motion, Plaintiff violated clear, important canons of professionalism in proffering clearly privileged information in support of its argument to mitigate or minimize its liability for attorneys’ fees. . . . Having now endured six years, it is clear that Plaintiff was the driving force behind keeping this litigation and reexamination process alive. Plaintiff’s litigation tactics have cost both Defendants and this Court to expend time and resources regarding the resolution of what appears to have been a frivolous claim."

Large Audience Display Systems, LLC v. Tennman Productions, LLC, et al, 2-11-cv-03398 (CACD August 18, 2015, Order) (Real, J.)