Following a previously granted motion for summary judgment of noninfringement for our client KaiJet Technology International Limited, the federal court has awarded KaiJet attorneys’ fees based on plaintiff Action Star’s conduct in bringing an “unreasonable” suit.
In April, the U.S. District Court for the Central District of California granted KaiJet’s motion for summary judgment and then entered judgment in KaiJet’s favor finding that its innovative line of Wormhole Switches did not infringe Action Star’s patent – U.S. Patent 8,099,535.
Following the favorable judgment, our team of patent litigators filed a motion for payment of attorneys’ fees against Action Star due to the plaintiff’s conduct in the case. On July 7, 2014, the Court ordered that Action Star reimburse KaiJet for its attorneys in defending the case, in the amount of $365,444. In awarding attorneys’ fees, the Court found that “Action Star litigated the instant case in an unreasonable manner” and “Action Star’s counsel recklessly asserted an indirect infringement claim unsupported by any evidence of direct infringement.”
Alston & Bird’s patent litigation team representing KaiJet included Ryan Koppelman, Xavier Brandwajn and April Chen.