Desktop Alert, Inc. v. Alertus Technologies, LLC

Summary

The United States District Court for the District of Maryland denied Alertus Technologies, LLC’s motion for attorneys’ fees under 35 U.S.C. § 285 in a patent infringement action brought by Desktop Alert, Inc. The court concluded that Desktop Alert’s infringement claims were not objectively unreasonable or frivolous and that it litigated the case reasonably and in good faith. The court also found that Desktop Alert promptly dismissed the action after discovery undermined its claims.

Holdings

1. The action was not exceptional because Desktop Alert's infringement position was not objectively unreasonable or frivolous and its manner of litigating the case was not exceptionally unreasonable.
2. Desktop Alert's pre-suit investigation and allegations were not unreasonable because they were based on available evidence and plausible inferences about technology that was primarily within Alertus's control.

Questions Presented

1. Whether the patent-infringement action was an exceptional case under 35 U.S.C. § 285 warranting an award of attorneys' fees, expenses, and costs to Alertus.
2. Whether Desktop Alert's pre-suit investigation and litigation conduct were objectively unreasonable, frivolous, or undertaken in bad faith.

Disposition

denied