Prevailing defendant’s motion for fees denied by Judge Liman. The Octane standard for “exceptionality” includes frivolousness, motivation, objective uneasonableness (both in the factual and legal components of the case, and the need in particular circumstances to advance considerations of compensation and deterrence.

Plaintiff’s patents, although found to be unenforceable at the motion to dismiss stage, were presumed to be valid, and plaintiff made colorable arguments as to their validity. The patents were not self-evidently unenforceable.

Text of RDPA v Geopath, 1:20-cv-03573-LJL, (SDNY, September 20, 2021): liman denying fees