By Memorandum Opinion entered by The Honorable Maryellen Noreika in Dr. Matthias Rath et al. v. Vita Sanotec, Inc. et al., Civil Action No. 17-953-MN (D.Del. October 2, 2020), the Court granted the motion of Plaintiffs Dr. Matthias Rath, Dr. Rath International and Dr. Rath Health Programs B.V. (“Plaintiffs”) seeking attorneys’ fees be assessed

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 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 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