Procedural Conduct Previously Sanctioned is No Basis for Award of Attorney Fees

Following a stipulation of infringement and a bench trial on damages, the court denied plaintiffs' motion for attorney fees under 35 U.S.C. § 285 because the totality of the circumstances were not exceptional. "With the exception of the single patent infringement claim at issue in this Order, all of Plaintiffs’ claims were dismissed on the merits. The conduct for which Defendants were sanctioned related to procedural issues before this Court. Defendants have already received sanctions sufficient for the purpose of deterrence of future similar conduct. Once the legal issues were narrowed for trial by the Court, Defendants conceded liability and agreed to the entry of an award for damages against them. Looking at the allegations as a whole and the totality of the circumstances in this case, there is nothing that makes this matter any more exceptional than other patent cases involving similar conduct."

Loops, LLC, et al v. Phoenix Trading, Inc., et al, 2-08-cv-01064 (WAWD November 9, 2016, Order) (Martinez, USDJ)