Twitter, Inc. v. Voip-Pal.com, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 TWITTER, INC., Case No. 3:20-cv-02397-JD

Plaintiff,

ORDER RE MOTION FOR

v. ATTORNEY'S FEES

VOIP-PAL.COM, INC., Defendant.

9 In this patent action, plaintiff Twitter, Inc., sought a declaratory judgment of non- infringement of U.S. Patent No. 10,218,606 (the ’606 patent), owned by defendant VoIP-Pal.com, Inc. (VoIP). Dkt. No. 29 (amended complaint). The case was dismissed by another district judge after the parties executed a covenant not to sue, which divested the court of subject matter jurisdiction. Dkt. No. 89 at 14. Even so, the district judge concluded that Twitter could bring a motion for attorney’s fees. Id. at 17. Twitter did just that, and the case and motion have been reassigned to this Court for disposition. Dkt. No. 93. The parties’ familiarity with the record is assumed. The motion is denied. This is not a matter of a fee award under the patent statute. Twitter’s complaint was dismissed and it did not…