Category Archives: Attorney’s Fees

Repeat Copyright Plaintiff (Who Is Also Attorney Who Represents Himself) Hit With $172,173 Award For Losing Copyright Case

Everyone loves a good man-bites-dog story. This is the story of an attorney who took pictures of the Indianapolis skyline and filed dozens of lawsuits accusing defendants of copyright infringement. The story didn’t end well for the attorney. The jury … Continue reading

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Post-Judgment Discovery Revealing Party As Judgment-Proof Shell Company Warrants Re-Opening Case And Joining New Parties (Including Party’s Owners and Law Firm)

On March 23, 2021, the Northern District of Texas entered a decision in SAP America, Inc. v. InvestPic, LLC (available here). In the case, the Court granted Plaintiff’s motion for judgment on the pleadings asserting that all of the claims … Continue reading

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Attempting to Litigate Invalidated Patent Leads to “Exceptional” Case Attorney Fees

On October 13, 2020, the District of Delaware issued a memorandum opinion in Rothschild Digital Confirmation LLC v. CompanyCam, Inc. (available here). The Court ordered the Rothschild entity to pay the patent-infringement defendant’s attorney’s fees after it found Rothschild’s loss … Continue reading

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Attorney Fee Rates Up to $1,210/Hour Found Reasonable in Patent Case Litigated in Northern District of Texas

On June 12, 2020, Magistrate Judge Rutherford issued an opinion in the Industrial Print Technologies cases (available here) addressing a request for attorney’s fees. The District Court had previously determined that Defendants Cenveo and O’Neil Data Systems were entitled to … Continue reading

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What Not To Do When The Court Dismisses Your Case With Prejudice

A lesson from W.D. Tex.’s Judge Albright: After the Court dismisses your claims with prejudice, the proper course of action is to file a notice of appeal, not a notice of dismissal without prejudice. Otherwise, expect to be ordered to … Continue reading

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Texas Supreme Court Issues Important Guidance for Proving Up Claim for Attorney’s Fees—TLDR: Keep Detailed Time Records

On April 26, 2019, the Texas Supreme Court issued its opinion in Rohrmoos Venture v. UTSW DVA Healthcare (available here). The case has importance guidance concerning attorney’s fees under Texas law. Notable points include: When seeking attorney’s fees, a claimant … Continue reading

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Section 285 Of Patent Act Cannot Be Used To Obtain Attorney’s Fees From Opposing Counsel

So holds the district court (C.D. Cal.) in Cap Export v. Zinus (available here). As I previously noted, courts have used Section 285 of the Patent Act—which provides that “[t]he court in exceptional cases may award reasonable attorney fees to … Continue reading

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Judge Godbey Awards Ford $2.1 Million In Attorney’s Fees Under Section 285 Of The Patent Act

On April 9, 2019, Judge Godbey tacked on $2.1 million in attorney’s fees to a $493,000 damages award in a case brought by Ford for design patent infringement (decision available here). (The Court had previously granted summary judgment of infringement … Continue reading

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Federal Circuit Upholds District Court Attorney-Fee Award Premised On Unjustified Infringement Position, Where Patent Was Invalidated

On May 1, 2019, the Federal Circuit issued its opinion (available here) in Thermolife v. GNC Corp. In an unusual fact pattern, the district court invalidated the plaintiffs’ patent and then imposed a Section 285 attorney-fee award (for $1.3 million) … Continue reading

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Owners of Patent Assertion Entities Beware—You May Be Personally Liable For The Defendant’s Attorney’s Fees

Section 285 of the Patent Act states that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285. The statute does not say who pays the fees, but the assumption (mine, at … Continue reading

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