Bluebonnet Internet Media Services, LLC v. Pandora Media, LLC

Filing 186

ORDER by Judge Vince Chhabria denying 163 motion for attorney's fees; granting 161 , 162 , 172 , 177 motions to seal. (vclc3, COURT STAFF) (Filed on 11/22/2022)

Case 3:21-cv-08294-VC Document 186 Filed 11/22/22 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

BLUEBONNET INTERNET MEDIA
SERVICES, LLC,
Plaintiff,
v.
PANDORA MEDIA, LLC,

Case No. 21-cv-08294-VC
ORDER DENYING MOTION FOR
ATTORNEYS’ FEES AND
SANCTIONS
Re: Dkt. No. 163

Defendant.
Pandora’s motion for attorneys’ fees is denied. The conduct of Bluebonnet and its
counsel is troubling, and judgment on the pleadings was not a close question. But this case was
not so weak or litigated so unreasonably as to be “exceptional” under 35 U.S.C. § 285. See
Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. 545, 554 (2014). In particular, the
patents in this case were issued after the Supreme Court’s Alice decision, and there is
disagreement among courts on how to apply that decision. For the same reasons, fees are also not
warranted under 28 U.S.C. § 1927 or the Court’s inherent authority.
The related motions to seal are granted. Dkt. Nos. 161, 162, 172, 173, 177. The sealed
documents include material previously ordered sealed, technical information from Pandora that
was filed by Bluebonnet, and three pages of brief notes apparently dating from the conception of
Bluebonnet’s patent. The latter two sets of materials were not considered in resolving this
motion.
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Case 3:21-cv-08294-VC Document 186 Filed 11/22/22 Page 2 of 2

IT IS SO ORDERED.
Dated: November 22, 2022
______________________________________
VINCE CHHABRIA
United States District Judge

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