Apeldyn Corporation v. Sony Corporation, et al., C.A. No. 11- 440 - SLR, March 31, 2016.

Robinson, J. Defendants’ motion for attorney fees is denied.

Defendants argue that this is an exceptional case because plaintiff pursued objectively unreasonable infringement and validity positions, which were barred by collateral estoppel. Defendants had opposed the filing of an early summary judgment motion on estoppel claiming the refusal was due to “new testing.”  In the fee motion, the parties focus on the same arguments presented in the summary judgment briefing, for which the court expended considerable effort in reaching its invalidity determination and resolving claim construction.  The court does not find the case exceptional meriting attorney fees.