By Memorandum Opinion entered by the Honorable Richard G. Andrews in Commonwealth Research Group LLC v. Lattice Semiconductor Corp., et al., Civil Action No. 11-655-RGA (D.Del., June 28, 2012), the Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285 finding that defendant did not prove that the litigation was brought in subjective bad faith. During his analysis, Judge Andrews noted that “[w]hile I suspect that the litigation may be objectively baseless, I cannot so conclude, at least in part due to the termination of this case before a deposition was taken, before the completion of claim construction briefing, before the holding of a Markman hearing, and before any actual claim construction by me.” Id. at 5.
A complete copy of the Opinion is attached.