We Tell You Below. Based on an article in the June 30, 2014 edition of the Orange County Business Journal, the average cost to take a patent litigation through trial exceeds $4 million!
Published Part of Opinion on Fee Issues Focuses on Reasonable Hourly Rates in Court Venue. Altavion, Inc. v. Konica Minolta Systems Laboratory Inc., Case Nos. A134343/A135831 (1st Dist., Div. 5 May 8, 2014) (partially published; fee discussion on hourly rates published but rest of fee discussion unpublished) dealt with both the merits of
Octane Fitness Rejects Rigid Test For Determining What Is An "Exceptional Case," Giving Great Discretion to District Courts. In Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. __, Case No. 12-1184 (U.S. Supreme Ct. Apr. 29, 2014), SCOTUS rejected a more rigid Federal Circuit test for determining what is an
CCP § 685.040 Post-Enforcement Judgment Fees Are Allowable for Statutory and Contractual Fee Claims. Appealing party was probably upset that she got hit with attorney’s fees under three mandatory fee-shifting statutes after prevailing, on the whole, and obtaining a $403,872.99 payment in satisfaction of judgment from defendant after obtaining some damages from a
Appealing Parties Could Not Surmount Abuse of Discretion Standard on Second SLAPP Fee Award. In Graham-Sult v. Clainos, Case No. 11-16779 (9th Cir. Feb. 5, 2014) (published), one defendants obtained a SLAPP fee recovery of $126,431.50 (out of a requested $133,431.50) and a second group of defendants obtained a SLAPP fee recovery of $248,506
This One Involved a Copyright Fight Over a Hookah Water Container. Costumed hookah smokers. Matthew B. Brady, photographer. Between 1850-60. Library of Congress. Inhale, Inc. v. Starbuzz Tobacco, Inc., Case No. 12-56331 (9th Cir. Jan. 9, 2014) (published)—great name for a case, isn’t it—was copyright litigation over plaintiff’s claim that it had
$134,243.25 in Fees/$3,819.95 in Costs Went Away. Defendants prevailing on a successful motion to dismiss copyright infringement claims also requested $177,366.75 in fees (including $43,123.58 in “fees on fees”) and $3,819.95 in routine costs. The district judge awarded the defense $134,243.25 in fees and all of the requested fees based on a copyright
Simply Losing Fair Use Defense Did Not Means Fees Were Automatic. Seltzer v. Green Day, Inc., Case No. 11-56573 (9th Cir. Aug. 7, 2013) (for publication) is a case where defendants’ win based on a fair use defense in a copyright infringement case was affirmed. However, the district court also awarded the defense
Defendant’s Rule 68 Offer Was Inartfully Drawn, Not Precluding Lanham Act Fees. As reported by Chris Marshall in the April 16, 2013 on-line edition of Courthouse News Service, U.S. District Judge Richard Seeborg (N.D.Cal.) concluded on April 12, 2013 that a plaintiff blogger bringing a declaratory relief suit was entitled to $37,650.25 in
Defense Did Not Transcend Bounds of Reasonableness in Advocacy Under “Relatively Green Area of Copyright Law.” Earlier, in litigation over copyright grants relating to the Superman character, Warner’s subsidiary DC Comics won a big ruling last October 2012 precluding the estate of Superman’s co-creator from terminating a copyright grant under a contractual agreement.
