Denial of Summary Judgment No Basis for Attorney Fees Award Under 35 U.S.C. § 285

The court denied plaintiff's motion for attorney fees under 35 U.S.C. § 285 for defendant's unsuccessful motion for summary judgment under the on-sale bar. "Plaintiff requests attorney fees and costs, asserting that Defendants filed this motion in bad faith. Plaintiff cites 35 U.S.C. § 285, which authorizes a court to award reasonable attorney fees 'to the prevailing party' in 'exceptional cases.'. . . At this point in the litigation, Plaintiff is not a prevailing party. Even if, somehow, the statute could be interpreted as applying to motion practice alone, the denial of Defendants' motion for summary judgment does not alter the legal relationship between the parties."

Morren v. Morren Plastic Molding, Inc. et al, 1-17-cv-00685 (MIWD February 1, 2018, Order) (Maloney, USDJ)