Patent Law

Frivolous

By Gary Odom and Jordan Kuhn

Triune Star sued Disney, LG Electronics, and others, for infringing 6,122,521, which claims an infrared cell phone camera. Triune conceded that defendants didn't have such a product, thus didn't literally infringe. Illinois district court Judge Mihm blew off the possibility of doctrine of equivalents owing to prosecution estoppel. He then pitched the case as frivolous, and sanctioned Triune, granting defendants attorneys fees and costs.

The judge noted that a reasonable presuit investigation would have revealed the accused devices were non-infringing as a matter of law.

Rule 11 sanctions are rare. While patent defendants often feel they've been sued without good reason, there's typically not much they can do but eat the expense of slugging it out.

Full post as published by The Patent Prospector on November 30, 2008 (boomark / email).