Category Archives: Attorney’s Fees

Judge Kinkeade Awards Attorney’s Fees To SAP In Patent Case Brought By Investpic, Finding Case Exceptional In SAP’s Favor

On September 7, 2017, Judge Kinkeade issued an Order (available here) in SAP America v. Investpic. The Order granted SAP’s Motion to Find Case Exceptional and Award Fees. Under the Patent Act, the Court may award attorney’s fees to the … Continue reading

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Magistrate Judge Toliver Sanctions Defendant $7,500 And Precludes Testimony For Failure To Appear For Deposition

On August 8, 2017, Magistrate Judge Toliver issued an Order (available here) in National Urban League v. Urban League of Greater Dallas & North Central Texas. The Order is worth a read as a reminder of some of the bad … Continue reading

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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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