Cave Consulting Grp., Inc. v. Truven Health Analytics Inc.
Opinion
Lead Opinion
Illston, J.
On March 2, 2018, the Court held a hearing on the motion by defendant Truven Health Analytics ("Truven") for attorneys' fees and nontaxable expenses related to Truven's defense against plaintiff Cave Consulting Group's ("CCGroup") assertion of U.S. Patent No. 8,340,981 ("the '981 patent"). For the reasons set forth herein, the Court GRANTS in part Truven's motion as to CCGroup's liability for fees under 35 U.S.C. § 285 . Truven is directed to recalculate its fees in accordance with this Order, and resubmit its request and supporting documentation no later than April 6, 2018 . CCGroup may submit a response no later than April 13, 2018 , and Truven may submit a reply by April 20, 2018 . The Court will then take the matter under submission and issue an order shortly thereafter.
BACKGROUND
In December 2014, prior to filing this lawsuit, CCGroup sent Truven a letter listing the '981 patent, as well as five other *1041 patents, and asserting that "certain of Truven's products generally relate to the technology described and claimed in CCGroup's patents." Dkt. No. 348-11. Among the other patents listed were U.S. Patent No. 7,739,126 ("the '126 patent"), U.S. Patent No. 8,768,726 ("the…