In three patent cases brought by the same plaintiff, Raylon LLC, against numerous defendants, Judge Davis of the Eastern District of Texas denied Rule 11 sanctions and motions for attorneys’ fees under Section 285 of the Patent Statute, and Section 1927 of Title 28.
Following the grant of summary judgment of noninfringement, Defendants filed motions contending that Raylon’s infringement theory was “so legally untenable” that fees and costs should be awarded under Sections 285 and 1927. Defendants earlier had filed a Rule 11 motion seeking sanctions. Raylon asserted U.S. Patent No. 6,655,589 (“the ‘589 patent”) against all of the defendants. All of the claims of the ‘589 patent require a “display being pivotably mounted on said housing.” Raylon argued that this should be construed to mean “an electronic device attached to a housing that visually presents information and allows the display to be moved or pivoted relative to the viewer’s perspective” and alleged that infringement was found where the entire device, not just the display, could be pivoted to the view. Defendant EZ Tag sought a construction of the term to mean that “an integral computer screen which can move positions with regard to the computer housing and is not maintained in a fixed position.” The remaining defendants argued that it should mean “the display must be mounted on the housing and the mounting of the display on the housing must be pivotable so that the display and housing may pivot with respect to each other.” The Court construed the term as “the display must be mounted on the housing so that the display and housing may pivot with respect to each other.” Because it was undisputed that all of the defendants’ accused products had displays that were rigidly mounted as to the housing, the court granted summary judgment of noninfringement, both literally and under the doctrine of equivalents.