In John H. Stephenson v. Game Show Network, LLC, et al., C.A. No. 12-614-SLR (D. Del. July 11, 2017), Judge Sue L. Robinson denied Defendants’ motion requesting an exceptional case finding and for attorneys’ fees. Defendants essentially argued the case was exceptional due to Plaintiff’s litigation conduct where Defendants’ “initial evaluation of the [patent-in-suit] as invalid was ultimately determined to be correct by the PTAB.” Id. at 4. But the Court found the case and the conduct of Plaintiff to be typical among patent cases. Id. at 5. In fact, it was Defendants who had “filed every motion on the docket.” Id. In sum, “[t]he fact that defendants maintained from the outset that the [patent-in-suit] was invalid does not change this modest case into an exceptional one.” Id.
John H. Stephenson v. Game Show Network, LLC, et al., C.A. No. 12-614-SLR (D. Del. July 11, 2017)
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