Pop Top Corp v. Rakuten Kobo Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 POP TOP CORP, Case No. 20-cv-04482-DMR
Plaintiff, ORDER ON DEFENDANT'S MOTION v. FOR ATTORNEYS' FEES AND COSTS
RAKUTEN KOBO INC., Re: Dkt. No. 61 Defendant.
Plaintiff Pop Top Corp. (“Pop Top”) sued Defendant Rakuten Kobo Inc. (“Kobo”) for patent infringement, alleging that the Kobo App, an eReader software application for reading eBooks, infringed U.S. Patent No. 7,966,623 (“the ‘623 patent”). On June 25, 2021, the court granted summary judgment of non-infringement. [Docket No. 50.] Kobo now moves for an award of attorneys’ fees and non-taxable costs under 35 U.S.C. § 285 and the court’s inherent authority. It also asks the court to hold Pop Top’s counsel personally liable for fees and costs pursuant to 28 U.S.C. § 1927. [Docket No. 61.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is granted in part and denied in part. 21…