UPDATE Sue L. Robinson: Fees Motion Incorrect Vehicle for Analyzing Enforceability

Thanks to Bob Matthews at Latimer Mayberry in Virginia for sending us a recent case similar to Judge Robinson’s fees decision, posted below. Just two days before the Delaware decision issued, the Northern District of Ohio reached the same conclusion: “A finding of inequitable conduct regarding the ‘346 patent, even if made during the fee hearing, would compel a finding that the patent is invalid, notwithstanding that this issue was previously eliminated from the case by Vector’s dismissal.”

The result? Just as in the Delaware case, a prevailing party could not raise enforceability via a fees motion.

Euclid Chem. Co. v. Vector Corrosion Techs., Inc., C.A. No. 01:05 cv 80 (N.D. Ohio Sept. 24, 2008).

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