Plaintiff’s “Ever Changing Litigation Strategies” Justify $1 Million Attorney Fee Award

The court awarded defendant $1 million in attorney fees under 35 U.S.C. § 285 (approximately half the requested fees) following the denial of plaintiff's appeal of summary judgment of noninfringement and invalidity. "[T]he court rejects plaintiff's contention that defendant may only be compensated for its expenses related to the § 101 issue. As plaintiff has conceded, that area of law was at the time (and even today) evolving. Judicial economy (not defendant) is responsible for the court's decision not to reach additional issues once defendant succeeded on this issue at the summary judgment phase. . . . Taking into account that patent cases are complex and patent litigation is an expensive proposition, nevertheless, the court will award attorney fees of $1,000,000 to account for the fact that plaintiff's ever changing litigation strategies (including its claim construction positions) created a tortuous path to resolution. . . . [T]he court denies defendant's motion for additional fees, as such appeal, was reasonable and not exceptional."

Joao Bock Transaction Systems LLC v. Jack Henry & Associates Inc., 1-12-cv-01138 (DED March 31, 2016, Order) (Robinson, J.)