Judge Jordan recently issued an opinion denying an exceptional case finding after having entered partial summary judgment against the plaintiff and excluding the plaintiff’s direct infringement damages theory. “Viewed in its totality,” Judge Jordan found, the plaintiff’s “conduct over the course of this case does not qualify as exceptional . . . [the plaintiff] succeeded in obtaining discovery that it demanded, worked to narrow the issues in the case, and presented at least one claim that withstood summary judgment.” Parallel Networks Licensing, LLC v. Int’l Bus. Machs. Corp., C.A. No. 13-2072-KAJ, Memo. Op. at 3- (D. Del. July 31, 2017). Moreover, the plaintiff’s “claims were not entirely and objectively baseless . . . [the plaintiff’s] representations . . . are sufficient to show that the pre-suit investigation was enough to avoid the imposition of fees” and the plaintiff did not pursue and case and discovery solely to drive up costs for the defendant. Id. at 4-6.
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