Attorneys' fees in absence of willful conduct are not awarded
LG Display Co., LTD. v. AU Optronics Corporation, et al., Civil Action No.06-726-JJF and 07-357-JJF July 8, 2010.
Farnan, J. The Court awards damages against plaintiff for infringement together with prejudgment interest. Defendant’s request for attorneys’ fees is denied.
The Court rules on willfulness and damages having previously determined that plaintiff infringes defendant’s patents-in-suit. Defendant presented little evidence of any pre-suit conduct. While plaintiff may have been aware of the patents, it maintained plausible defenses to infringement and validity throughout. Having found defendant’s expert to be more credible, the Court awards damages using his methodology and includes pre- judgment interest compounded quarterly at the prime rate and post-judgment interest from the date of the entry of final judgment at the statutory rate. Undue delay in prosecuting the lawsuit may be a basis for withholding prejudgment interest, but that is the exception and not the rule. Furthermore, litigation delays will not support denial of prejudgment interest in the absence of prejudice. Post-judgment interest is computed daily to the date of payment. 28 U.S.C. § 1961(b). Attorneys’ fees are not warranted.
