Judge Godbey Awards AT&T $258,000 in Attorney’s Fees Under Section 285 of the Patent Act, Finding Hourly Rates from $315-$795/Hour Reasonable

On March 22, 2019, Judge Godbey issued an opinion (available here) in Advanced Media Networks v. AT&T Mobility. Judge Godbey previously found that AT&T could recover attorney’s fees incurred after the Court issued its claim-construction opinion.

Judge Godbey found that the standard hourly rates of AT&T’s attorneys—ranging from $315-$795/hour—were “in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation.” Judge Godbey then rejected the plaintiff’s argument that AT&T should not recover any fees on account of block billing, as “the time entries are not so block billed or vague as to prevent meaningful review.”

Although the “lodestar” amount of AT&T’s fees was $430,436, the Court reduced the fee award by 40%, down to $258,261:

As mentioned above, [AT&T’s law firm] had six attorneys working on this case, and the time entries show that for motions, response briefs, reply briefs, and other miscellaneous tasks at least four or five attorneys were involved when a smaller number would have been sufficient. For example, five attorneys were involved in drafting, reviewing, and editing a three-page joint status report. And four attorneys worked on a simple five-page motion to stay and a Rule 11 letter agreement. Similarly, four attorneys were involved in preparing for mediation and in drafting and revising a mediation statement. Thus, to adjust for such duplicative time, the Court reduces the lodestar by 40%, or $172,174.50. Accordingly, the Court orders Plaintiff to pay AT&T $258,261.74 on or before April 22, 2019. 

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