Citing a recent U.S. Supreme Court decision on fee-shifting in patent lawsuits, a Delaware judge has ordered an Acacia Research Corp. subsidiary to cover legal bills racked up by Alcatel-Lucent USA Inc. in a 3-year-old case related to ethernet technology.
U.S. District Judge Richard Andrews agreed with Alcatel’s lawyers at Goodwin Procter and Morris, Nichols, Arsht & Tunnell that the plaintiff, Chalumeau Power Systems, had filed baseless infringement claims and backed off only after Alcatel refused to negotiate a settlement. The case qualifies as “exceptional” under the Supreme Court’s fee-shifting standards, Andrews concluded.
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