Vehicle Interface Technologies LLC v. Jaguar Land Rover North America, LLC, C.A. Nos. 12-1285–RGA; 14-339-RGA, December 28, 2015.

Andrews, C.J. Defendant’s motion to declare the case exceptional is granted.  Oral argument took place on October 13, 2015.

The court finds that defendant has not established a need for deterrence as a factor in declaring this case exceptional.  However, plaintiff’s assertion of infringement by seven additional vehicles two hours before the close of fact discovery supports the inference that its new contentions based principally on publicly available information is implausible.  In previously granting defendant’s motion for summary judgment, the court had noted that plaintiff’s claim construction “was not even close to being a proper construction,” “not supported by the intrinsic record.” And based solely on unsupported assertions.  The court finds the case exceptional, but is not inclined to award fees from the time suit was filed.  Instead, fees are appropriate from the time plaintiff had notice that its case was objectively baseless.