Prism Technologies v. Sprint Spectrum L.P.

Filing 517

MEMORANDUM AND ORDER - Plaintiff's motion for attorneys' fees (Filing No. 481 ) is denied. Defendant's motion for oral argument (Filing No. 512 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (GJG )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PRISM TECHNOLOGIES, LLC,

)
)
Plaintiff,
)
)
v.
)
)
SPRINT SPECTRUM L.P., D/B/A
)
SPRINT PCS,
)
)
Defendant.
)
______________________________)

8:12CV123

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s motion
(Filing No. 481) seeking attorneys’ fees pursuant to 35 U.S.C.
§ 285.

Defendant has filed a motion for oral argument on Prism

Technologies LLC’s motion for attorneys’ fees under 35 U.S.C.
§ 285 (Filing No. 512).
Under that section, courts in exceptional cases “may
award reasonable attorney fees to the prevailing party.”
U.S.C. § 285.

35

In expounding this terse statutory language, the

United States Supreme Court explained that “an exceptional case”
simply means a case “that stands out from others with respect to
the substantive strength of a party's litigating position
(considering both the governing law and the facts of the case) or
the unreasonable manner in which the case was litigated.”

Octane

Fitness, L.L.C. v. ICON Health & Fitness, Inc., 134 S. Ct. 1749,

1756 (2014).

District courts have discretion is determining

“whether a case is ‘exceptional’ in the case-by-case exercise
. . . considering the totality of the circumstances.”
1756.

Id., at

The Supreme Court enumerated the following, non-exclusive

factors courts could consider, including “frivolousness,
motivation, objective unreasonableness (both in the factual and
legal components of the case) and the need in particular
circumstances to advance considerations of compensation and
deterrence.”

Id., at 1756, n.6 (citing Fogerty v. Fantasy, Inc.,

510 U.S. 517, 534, n.19 (1994)).

Here, Prism, as the prevailing

party, holds the burden to establish the trial was exceptional.
See id., at 1758.
After reviewing the case law and briefs, the Court
finds that this case was not exceptional.

Accordingly,

IT IS ORDERED:
1) Plaintiff’s motion for attorneys’ fees (Filing No.
481) is denied.
2) Defendant’s motion for oral argument (Filing No.
512) is denied as moot.
DATED this 28th day of July, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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