Joao Bock Transaction Systems, LLC v. Jack Henry & Associates, Inc., C.A. No. 12-1388 - SLR, March 31, 2016.

Robinson, J. Defendant’s motion for attorney fees is granted; motion for supplemental attorney fees is denied.

This case is exceptional standing out from other cases. Plaintiff’s original claim charts accused 65 products of infringing 36 claims and declined defendant’s request to narrow the claims. In January 2014 the court ordered plaintiff to submit a proposal to reduce the number of accused products to 6 – 8 and rank them in order of importance.  Plaintiff proposed 7 products be deemed representative the 47 other products. It then changed the identity of the representative products at least 4 times by July 2014. In its final infringement contentions, it included 6 claims that had not been previously asserted. Plaintiff’s expert reviewed only the products identified in the final contentions. Plaintiff turned claim construction on its head by providing definitions not included in the specification or commentary by the examiner.  Plaintiff’s claim construction positions and shifting infringement positions contributed greatly to the discovery burden. Seven witnesses were deposed on products that were dropped or moved to the “represented” group. The totality of the circumstances makes this case exceptional.  Defendant provided a declaration with time and expenses billed and hourly rates of the core team from $215 to $450 per hour for attorneys and $110 - $175 for the paralegal, clerk and litigation support personnel. Defendant seeks fees in the amount of $2,304,986.68 and is awarded about half - $1,000,000. The court declines to award fees for the appeal, since such appeal was reasonable and not exceptional.