Although its attorneys engaged in some “marginally” vexatious litigation tactics, the Hewlett-Packard Co. should not be forced to pay some $12 million in attorney fees incurred by Cornell University during a protracted patent infringement battle over computer technology, a federal judge has ruled.
“Litigation by its nature is adversarial,” Judge Randall R. Rader held in Cornell University v. Hewlett-Packard Co. “Clients seek, and, in fact, deserve zealous advocacy. Taking all of the allegations of litigation misconduct as true for purposes of this motion, this court finds that actions of Hewlett-Packard’s counsel did not stretch beyond the bounds of civility.”
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