Parallel Networks v. Kayak is a non-precedential case decided on July 5, 2017 on appeal from the Eastern District of Texas. There, after granting Defendants Kayak’s motion for summary judgment of non-infringement, the district court denied their motion for attorney fees, finding nothing exceptional about either Plaintiff Parallel Networks’ infringement theory or its litigation strategy. Both parties appealed.
The Federal Circuit affirmed the summary judgment of non-infringement and the denial of attorney fees.
The district court did not abuse its discretion. Kayak argued that Plaintiff’s infringement theory was frivolous because Kayak’ accused products were no different than those the Federal Circuit found non-infringing in an earlier opinion in the case. The Federal Circuit disagreed. The accused products here were missing an important element found in the earlier accused products. The Federal Circuit found that Parallel Networks’ litigation strategy was not unreasonable. There was “no evidence that Parallel Networks sought to avoid litigating the merits or that the district court had ever opined that Parallel Networks was seeking nuisance value settlements.”
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