Category Archives: Attorney’s Fees

Chief Judge Lynn Orders Patent Plaintiff to Pay $440,000 in Defendants’ Attorney Fees

On December 13, 2016, Chief Judge Lynn entered an Order (available here) in Rainere v. Microsoft & AT&T. The Court had previously decided the case in defendants’ favor, and found that the case was exceptional, justifying an award of attorney’s … Continue reading

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File Unjustified Motion for Protective Order Based on Motion to Dismiss, Pay Other Party’s Attorney’s Fees

On September 27, 2016, Judge Godbey issued an Order (available here) in Nu-You Technologies v. Eltoweissy. The plaintiff filed a motion for attorney’s fees, seeking about $4,500 to compensate it for the fees incurred in responding to defendants’ motion for … Continue reading

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Chief Judge Lynn Awards Attorney’s Fees to Microsoft and AT&T in Case Where Plaintiff Did Not Own Asserted Patents

On September 2, 2016, Chief Judge Lynn issued a decision in Raniere v. Microsoft (available here) finding that AT&T and Microsoft were entitled to recover their attorney’s fees from the plaintiff under 35 U.S.C. § 285. Section 285 provides that, … Continue reading

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Judge Godbey Issues Order of Civil Contempt and Coercive Incarceration For Failure to Answer Discovery

Here’s a good reason to answer discovery—if you don’t, the judge can throw you in jail until you do. In Denton v. Suter, Judge Godbey issued an Order of Civil Contempt and Coercive Incarceration (available here). In the case, plaintiffs … Continue reading

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Supreme Court Clarifies When An Award Of Attorney’s Fees Is Proper Under The Copyright Act

On June 16, 2016, the Supreme Court issued its unanimous opinion in Kirtsaeng v. John Wiley & Sons, Inc. (available here). Section 505 of the Copyright Act states that a district court “may . . . award a reasonable attorney’s … Continue reading

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What’s A Reasonable Hourly Rate For A Copyright Litigator? Hint: Not $595/Hour According To Judge Boyle

On January 14, 2016, Judge Boyle issued an Order (available here) in Spear Marketing v.  BancorpSouth Bank ruling on the prevailing defendants’ requests for attorney’s fees. The Court found that the defendants were entitled to attorney’s fees under the Texas … Continue reading

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Judge Means Rules That Allcare Owes Highmark Over $5 Million For Losing Patent Infringement Case

On June 23, 2015, following a trip up to the Supreme Court, Judge Means ordered patent holder Allcare to pay accused infringer Highmark over $5 million (decision available here). Judge Means concluded that the case was “exceptional” under 35 U.S.C. § … Continue reading

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Magistrate Judge Horan’s Heller v. City of Dallas Opinion: Laying Down the Law With Respect to Discovery Responses

Late last year, Magistrate Judge Horan issued a 62 page opinion (available here) in Heller v. City of Dallas, 303 F.R.D. 466 (N.D. Tex. 2014). The opinion is notable in many respects, as it provides important guidelines that should be followed … Continue reading

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If You Hire “Cadillac” Counsel, Don’t Expect The Court To Require Your Opponent To Fully Reimburse You

That’s the lesson coming out of the Beastie Boys v. Monster Energy decision (available here) from the Southern District of New York. The general “American Rule” is that a successful litigant is not entitled to recover its attorney’s fees from its … Continue reading

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Supreme Court Unanimously Reverses Federal Circuit in Highmark v. Allcare

Yesterday was not a good day for the Federal Circuit at the Supreme Court. The Supreme Court, in addition to unanimously reversing the Federal Circuit in Octane v. Icon (see post here), also unanimously reversed the Federal Circuit in Highmark … Continue reading

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