Maryland District Court Denies Attorney Fees in Patent Infringement Suit

Wednesday, June 29, 2016

A motion for over $2 million in attorneys’ fees for plaintiff was denied by U.S. District Judge Marvin Garbis because (1) the attorneys for the plaintiff/prevailing party “unnecessarily proceeded beyond the pleading stage” with respect to a defective counterclaim, thus suggesting that plaintiff’s attorneys should have mitigated attorneys’ fees by filing a motion under Rule 12 of the Fed. R. Civ. P., and (2) attorneys’ fees related to state law counterclaims were not sufficiently intertwined with patent issues so as to make them recoverable under 35 U.S.C. § 285.  Genspera, Inc. v. Mhaka, 2016 WL 1558130 (D. Md April 18, 2016).