$755,925.86 Is Total Fee/Costs Award Against Large Audience Display.
As we have discussed in many posts, the U.S. Supreme Court decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S.Ct. 1749 (2014) has been a real game changer as far as increasing the case-by-case discretion conferred on district judges to determine if a case is exceptional for purposes of awarding fees against a losing patent infringement litigant.
Recently, U.S. District Judge Manuel L. Real decided that Large Audience Display should reimburse Justin Timberlake and Britney Spears for attorney’s fees and costs in defending a patent infringement suit. He found that the case was exceptional under Octane Fitness, with the final tally looking like this: $733,414.34 in fees and $22,511.52 in costs, for a total of $755,925.86.