Bid for defense fees fails in suit dropped after Markman hearing
Parker-Hannifin Corporation, et al. v. Seiren Co., Ltd., Civil Action No. 07-104-MPT, March 31, 2009.
Thynge, M.J. Defendant’s motion for attorney’s fees and expenses based on bad faith claim and its request for additional discovery is denied.
Defendant fails to establish that plaintiff acted in bad faith when it refused to withdraw its infringement claims until after the claim construction hearing. Although plaintiff could have conducted more investigation prior to filing, plaintiff’s assessment of infringement was reasonable. The fact that it never provided proof of its allegations does not mean that it acted in bad faith in bringing those claims when the claims were plausible. Nor does the timing of dismissal evidence inappropriate conduct. Defendant asserts that plaintiff has waived its attorney-client and work product privileges and seeks discovery regarding plaintiff’s deliberations on whether to continue litigation. The Magistrate finds no waiver and no need for the information in light of her ruling.
