Computer Software Protection, LLC v. Wolfram Research, Inc., C.A. No. 12-451-SLR;Computer Software Protection, LLC v. Wolfram Research, Inc., C.A. No. 12-455-SLR, March 31, 2015
Robinson, J. Defendants’ motions for attorney fees are denied.
Two business days before a hearing on claim construction and summary judgment, plaintiff provided defendants with covenants not to sue, without compensation. All claims and counterclaims asserted by plaintiff were dismissed with prejudice. Defendants claimed these cases were exceptional because they would have prevailed on their defenses if the cases had not been dismissed. The court finds that none of the defenses posited by defendants are so evident from the record and therefore denies the motions for fees.