The order is Document 144 in ON24, Inc. v. webinar.net, Inc., No. 3:21-cv-07721-EMC (N.D. Cal.), ruling on Docket Nos. 137 and 138. ON24 filed the case on October 1, 2021, pleading patent infringement, intentional interference with contractual relations, unfair competition, and Lanham Act section 43(a) claims. Judge Edward M. Chen found the motion suitable for decision without oral argument and vacated the hearing.
What the court decided
The court said it considered, among other things, the Federal Circuit's summary affirmance of its decision and the panel's questioning before that decision. It held that webinar.net failed to prove, by a preponderance of the evidence, that the case is exceptional for purposes of 35 U.S.C. 285, and denied the motion. It quoted EscapeX IP, LLC v. Google LLC, 159 F.4th 1360, 1366 (Fed. Cir. 2025), for the standard that the moving party must prove, by a preponderance of the evidence, that the case "stands out from others," considering the totality of the circumstances, including the strength of the parties' litigating positions and their conduct.