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, and the court’s inherent power. Although the parties did not dispute and the Court recognized that Mitek is the prevailing party as required by 35 U.S.C. § 285, the Court denied the motion because it did not find the case to be exceptional. Id. at *6-12. The Court also refused to grant attorneys’ fees or impose sanctions against the losing plaintiff under 28 U.S.C. § 1927, or the court’s inherent power for the same reasons it found the case to not be exceptional. Id. at *12.
Copies of the Memorandum and Order are attached.