In Lu v. Hyper Bicycles,
Inc., No. 1:20-cv-1173923, Judge Gorton
granted in part Hyper's motion for attorneys' fees.
First, the Court ruled that the case was exceptional, finding
that Lu failed to meaningfully litigate the case, which ultimately
rendered his positions frivolous. More specifically, the Court
observed that Lu repeatedly requested extensions – the fourth
of which the Court was compelled to deny – and "failed
to propound any written discovery, took no depositions and did not
designate a single expert witness" and that even at the end of
fact discovery "plaintiff did not know whether a single,
allegedly-infringing product was sold."
Turning to the award of attorneys' fees itself, the Court
found that it had no reason to believe the case was originally
filed in bad faith, and so awarded Hyper its attorneys fees from
January 3, 2022, when Lu admitted to being unable to identify any
allegedly infringing products and when counsel should have known
the
