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Case not exceptional where defendant did not seek summary judgment of noninfringement

Case not exceptional where defendant did not seek summary judgment of noninfringement

Prism v. T-Mobile is a nonprecedential case decided on June 23, 2017. There, after a jury verdict of non-infringement, the district court denied plaintiff Prism’s motions for new trial and for JMOL of infringement, and denied defendant T-Mobile’s motions for attorney fees and for patent-ineligibility under § 101. Both parties appealed.

The Federal Circuit reversed the district court’s ruling of patent eligibility, and affirmed its finding that the case was not exceptional.

The district court didn’t err in finding the case not exceptional. T-Mobile forwent summary judgment of non-infringement, which “belie[d] its arguments regarding the purported weakness of Prism’s infringement position.” Further, in prior lawsuits against T-Mobile competitors, Prism prevailed twice, withstanding non-infringement and validity defenses.

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Prism Techs. LLC v. T-Mobile USA, Inc., 696 F. App’x 1014 (Fed. Cir. 2017)