my3s: I totally agree with you that a finding of non-infringement by a jury, or for that matter an ALJ, does not necessarily mean that the plaintiff had "no reasonable justification" for bringing the lawsuit.
What I was referring to in my post was the fact that IDCC dropped the patent from its suit against Microsoft/Nokia and sent the companies a covenant not to sue.
Some of the IA verbiage that I did not include in my post is:
"Deems to be a nonprevailing party a party asserting a patent claim against another party who subsequently unilaterally extends to such other party a covenant not to sue for infringement with respect to the patent at issue (thus providing for the other party to be considered the prevailing party), unless the party asserting the claim, at the time the covenant was extended, would have been entitled to voluntarily dismiss the claim without a court order.
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