ArcelorMittal France et al v. AK Steel Corporation et al
Filing
371
MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 2/7/2019. (dlw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ARCELORMITTAL and
ARCELORMITTAL ATLANTIQUE ET
LORRAINE,
Plaintiffs,
v.
AK STEEL CORPORATION,
SEVERSTAL DEARBORN, INC. and
WHEELING-NISSHIN INC.,
Defendants.
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C.A. No. 10-050 (MN)
MEMORANDUM OPINION
Jeffrey B. Bove, RATNERPRESTIA, Wilmington, DE; Hugh A. Abrams, SHOOK, HARDY & BACON
L.L.P., Chicago, IL – attorneys for Plaintiffs.
Adam W. Poff, Pilar G. Kraman, YOUNG CONAWAY STARGATT & TAYLOR, LLP, Wilmington, DE;
Roderick R. McKelvie, Christopher N. Sipes, Jeffrey H. Lerner, COVINGTON & BURLING LLP,
Washington, DC – attorneys for Defendants
February 7, 2019
Wilmington, Delaware
NOREIKA, U.S. DISTRICT JUDGE:
Presently before the Court is the motion of Defendants AK Steel Corp., Severstal Dearborn,
Inc. and Wheeling-Nisshin, Inc. (collectively, “Defendants”) to declare this case exceptional under
35 U.S.C. § 285 since at least April 16, 2013 and for an award of attorneys’ fees and related costs
incurred from that time forward. (See D.I. 354). For the reasons set forth below, Defendants’
motion for attorneys’ fees is DENIED.
I.
BACKGROUND
Now more than nine years old, this case has a long and tortured history. Plaintiffs
ArcelorMittal France and ArcelorMittal Atlantique et Lorraine (collectively, “Plaintiffs” or
“ArcelorMittal”) filed this action on January 22, 2010, alleging that Defendants 1 infringed U.S.
Patent No. 6,296,805 (“the ’805 Patent”). (See D.I. 1 ¶¶ 11-15). The ’805 Patent, which issued
on October 2, 2001 and is titled “Coated Hot- and Cold-Rolled Steel Sheet Comprising a Very
High Resistance After Thermal Treatment,” is directed to boron-containing steel sheets that have
been hot-rolled and coated with an aluminum-based coating. (’805 Patent at 1:47-64; see also id.
at 1:37-44, 2:37-40). Hot-rolling and cold-rolling of steel sheets are processing steps used to
achieve a desired final thickness. (Id. at 2:37-40). After undergoing thermal treatment, the claimed
steel sheets have “very high mechanical resistance.” (Id. at 1:6-8, see also id. at 1:61-62). Claim
1 of the ’805 Patent is the only independent claim and it recites:
1. A hot-rolled coated steel sheet comprising a hot-rolled steel sheet
coated with an aluminum or aluminum alloy coating, wherein the
steel in the sheet comprises the following composition by weight:
0.15%
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