By Memorandum Opinion entered by The Honorable Maryellen Noreika in Mixing & Mass Transfer Technologies, LLC v. SPX Corporation et al., Civil Action No. 19-529-MN (D.Del. November 4, 2020), the Court denied the SPX Defendants’ motion for attorneys’ fees after finding that Defendants were not a prevailing party.

By way of background, between 2005

The Honorable Sherry R. Fallon in Broadsoft, Inc. v. Callwave Communication, LLC, Civil Action No. 13-711-RGA (D.Del. August 8, 2019) issued a Magistrate Judge Opinion, pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72(a) and District of Delaware Local Rule 72(a)(2), denying Plaintiff Broadsoft, Inc.’s motion to declare the case exceptional

By Memorandum Order entered by The Honorable Richard G. Andrews in Dragon Intellectual Property, LLC v. Dish Network, LLC, Civil Action No. 13-02066-RGA (D.Del. November 7, 2018) (consolidated), the Court denied the motions of Defendants DISH Network, LLC and Sirius XM Radio Inc. requesting the Court to declare the case exceptional and award reasonable

By Memorandum and Order entered by The Honorable Gregory M. Sleet in Rothschild Mobile Imaging Innovations, LLC v. Mitek Systems, Inc. et al., Civil Action No. 14-617-GMS (D.Del. July 27, 2018), the Court denied defendant Mitek Systems, Inc.’s motion for attorneys’ fees and expenses pursuant to 35 U.S.C. § 285, 28 U.S.C. § 1927,

By Memorandum Order entered by The Honorable Leonard P. Stark in Reckitt Benckiser LLC v. Aurobindo Pharma Limited et al., Civil Action No. 14-1203-LP (D.Del. October 16, 2017), the Court denied Defendants motion for attorneys’ fees and expenses under 35 U.S.C. § 285. 35 U.S.C. § 285 provides that, in “exceptional” patent cases, a

By Memorandum Order entered by The Honorable Sue L. Robinson in Apeldyn Corp. v. Sony Corp., et al., Civil Action No. 11-440-SLR (D.Del., March 31, 2016), the Court denied defendants’ motion for attorneys’ fees after finding the case did not warrant exceptional case status under 35 U.S.C. § 285.  By way of background, the

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Pragmatus v. Newegg Inc., Civil Action No. 12-1533-RGA (D.Del., February 18, 2016), the Court denied Defendant Newegg’s Motion for Attorneys’ Fees but granted its Motion for Costs.  In doing so, the Court concluded that Newegg was the “prevailing party” but the case was

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Vehicle Operation Technologies LLC v. Ford Motor Company, Civil Action No. 13-539-RGA (D.Del., July 1, 2015), the Court granted Defendants’ Motion to Declare The Cases Exceptional Pursuant to 35 U.S.C. § 285.  In granting Defendants’ Motion, the Court, among other things, rejected Plaintiff’s

By Opinion entered by The Honorable Leonard P. Stark in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civil Action No. 04-1371-LPS (D.Del., January 18, 2011), the Court granted in part and denied in part the post-trial motion of the prevailing Plaintiff, Power Integrations, Inc. (“Power”), to declare the case exceptional and to award Power treble damages and its attorneys’ fees. Specifically, the Court granted Power’s motion for enhanced damages under 35 U.S.C. § 284 to the extent that it enhanced Power’s damages two times (i.e. 200%) as opposed to trebling damages. Id. at 22. The Court denied Power’s motion to declare the case exceptional and to award attorneys’ fees under 35 U.S.C. § 285. Id. at 24.

Complete copies of the Court’s Opinion and Order are attached.
 


Continue Reading Judge Stark Grants Prevailing Plaintiff’s Request For Enhanced Damages In Part And Denies Request For Award Of Attorneys’ Fees