Judge Robinson Denies Motion for Attorneys’ Fees
April 28, 2016
Publication| Intellectual Property
In Adeldyn Corp. v. Sony Corp., C.A. No. 11-440-SLR (D. Del. Mar. 31, 2016), Judge Robinson denied the defendants’ motion for attorneys’ fees, finding that the case was not exceptional. The plaintiff asserted claims of direct and induced infringement of one patent and alleged that such infringement was willful. After two unsuccessful motions to dismiss the inducement and willful infringement claims, the defendants’ motion for summary judgment on non-infringement (due to collateral estoppel) and invalidity was granted, and judgment was entered in the defendants’ favor. While Judge Robinson noted that the patent at issue faced an unfavorable summary judgment ruling in a prior suit brought by the plaintiff, she also recognized that the defendants had opposed early summary judgment practice and decided to proceed to discovery. Ultimately, given the Court’s efforts in reaching the invalidity determination, the Court was “not persuaded that plaintiff was so lacking a good faith belief of validity as to merit awarding exceptional case status under § 285.”
Analysis: This case, issued on the same day as Joao Bock Transaction Systems, LLC v. Jack Henry & Associates, Inc., C.A. No. 12-1138-SLR (D. Del. Mar. 31, 2016), shows that attorneys’ fees will not be routinely granted.