Segan LLC v. Zynga Inc.
Opinion
Lead Opinion
Chhabria, J.
ORDER GRANTING MOTION FOR ATTORNEYS’ FEES; GRANTING IN PART MOTION FOR SANCTIONS
In the 1990’s, Segan invented a system for people to browse the Internet. Today, Zynga makes video games that’people can play while on Facebook. People don’t browse the Internet while playing Zynga games on Facebook. But Segan sued Zynga for patent infringement. Segan lost at summary judgment, because no reasonable juror' could conclude that Zynga’s games infringe Segan’s patent. Now there are two questions. First, is this an “exceptional case” within the ’meaning of 35 U.S.Q. § 285, such that Segan should pay. Zynga for its attorneys’ fees? The answer to that question is yes, and Segan is ordered to pay Zynga $1,188,773.93 to cover its fees. Second, should the law firm of Blank *958 Rome, which represented Segan in this case, be sanctioned under Rule 11 for filing and pursuing a frivolous lawsuit? The answer to that question is also yes.
I.
In the 1990’s, Marc Segan came up with an idea for how people could surf the Internet, and how companies could draw Internet users to their websites. His idea was to allow Internet users to obtain an “icon” (say, an animated image of a cowboy or a baseball…