BAE Systems Information and Electronic Systems Integration Inc. v. Aeroflex Incorpoated and Aeroflex Plainview, Inc., Civ. No. 09-769-LPS, July 23, 2012.
Stark, J. Motion for sanctions is denied. Motion for leave to file surreply is granted.
Defendants moved for sanctions asserting, inter alia, the infringement claims were “knowingly frivolous” and “baseless.” The motion was denied. Defendants did not prove that plaintiff’s proposed claim construction was not reasonable, i.e., frivolous, even though it was not adopted. Plaintiff had a good faith basis for believing there was literal infringement under its proposed construction. Further, even under the defendants’ proposed construction, it is not clear that a finding of infringement under the doctrine of equivalents would be precluded.