In Cot’n Wash, Inc. v. Sun Products Corp., C.A. No. 12-651-SLR (D. Del. Sept. 14, 2015), Judge Sue L. Robinson denied defendant’s motion for attorney fees and costs under 35 U.S.C. § 285. Defendant had prevailed on summary judgment following a favorable claim construction ruling. The Court concluded that the case was not exceptional, as “a prototypical patent infringement case” where “the core factual and legal issues were related and relatively subtle.” Id. at 3. The Court also observed that it was “not unusual for a patentee to assert the broadest possible interpretation of its patent, in order to generate the greatest economic benefit from its intellectual property. . . . it truly should be an extraordinary case that puts patentees at risk for fees and costs when they follow this business model.” Id. at 3 n.2.
The Court also denied Defendant’s request for “the costs of responding to certain of plaintiffs’ testing” that took place over the course of expert discovery and before the claim construction ruling, where the Court did not rely on such testing to rule in Defendant’s favor. Id.