The Court determined that the bulk of plaintiff’s claims were not devoid of evidentiary support and that there is “nothing exceptional about a patentee defending its presumptively valid patent.” Id. at 5. In addition, the Court noted that “[it] has repeatedly voiced its displeasure with some of [plaintiff's] trial tactics. . . . But the Court concludes that they do not rise to the level of exceptional conduct for which an award of fees is warranted. Significantly, [defendant] makes no allegations of unprofessional conduct from [plaintiff's] counsel for the more than two years this case was litigated prior to trial. . . . The concerns [defendant] raises involve decisions made during the heat of trial." Id. at 8 (citations omitted).
RLIS, Inc. v. Cerner Corp., Civil Action No. 3:12cv209, in the Southern District of Texas.