Attorneys' fees awarded in exceptional case
Microstrategy Incorporated v. Crystal Decisions, Inc., C.A. No. 03-1124-MPT, March 25, 2008.
Thynge, M.J. The Magistrate granted defendant’s motion to rule that this was an “exceptional case” and granted in part its motion for costs and attorneys’ fees.
The Court previously found two patents-in-suit to be invalid and the third not infringed. In March, 2005, a rebuttal expert report by Dr. Rudd was served which pointed out defects in the expert report by plaintiff’s expert Dr. Alexander. Plaintiff provided no explanation for those errors or reason why they were overlooked. The Court finds that in the light of overwhelming evidence of anticipation, plaintiff failed to reassess its case, conduct which was manifestly unreasonable by March 2005. The Court does not award fees associated with defending certain claims where there was no clear and convincing evidence of bad faith litigation.
A full copy of the opinion is available here.
