Electronic Return Receipt Patent Dispute Dubbed "Exceptional Case" After Summary Judgment Award

In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys' fees, after finding that the case was "exceptional."

The suit began in 2013, when Sophos sought a declaratory judgment of non-infringement and invalidity against RPost's patent, which was directed to a "system and method for verifying delivery and integrity of electronic messages." At the end of last year, Judge Casper entered summary judgment invalidating RPost's patent on the ground that it was anticipated by several prior art patents.

After Sophos prevailed at summary judgment, it took the additional step of moving to recover its attorneys' fees for a five month period culminating in the Court's summary judgment decision. As to why the case was allegedly "exceptional," Sophos focused on RPost's litigation positions and conduct during discovery. Regarding RPost's litigation positions, Sophos noted that RPost's expert