Category Archives: Attorney’s Fees

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

Posted on April 14, 2019 by Steven Callahan

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 … Continue reading →

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Judge Kinkeade Hits Investpic With $680,000 Award Of SAP’s Attorney’s Fees, Rejects SAP’s Request For $1,175/hour

Posted on January 16, 2019 by Steven Callahan

On December 4, 2018, Judge Kinkeade issued an Order (available here) in SAP America v. InvestPic. SAP filed a declaratory-judgment lawsuit against Investpic seeking a declaration of non-infringement of Investpic’s patent. Investpic counterclaimed for infringement, and lost at the district … Continue reading →

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Judge Kinkeade Strikes Pleadings Requesting $40 Million In Attorney’s Fees As Discovery Sanction

Posted on October 27, 2018 by Steven Callahan

On June 27, 2018, Judge Kinkeade issued a post-trial Order in Zenimax v. Oculus (available here). The Court had previously entered orders requiring the Plaintiffs to produce certain documents relating to their financial status and business valuations, including an order … Continue reading →

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Moving For Attorney’s Fees? Judge Kinkeade Lays Out A Road Map For Your Proof On Reasonableness

Posted on August 2, 2018 by Steven Callahan

On May 15, 2018, Judge Kinkeade denied (without prejudice to refiling) SAP’s Motion for Recovery of Attorneys’ Fees (Order available here). In this patent case, SAP prevailed against InvestPic, and Judge Kinkeade found the case exceptional, such that SAP was … Continue reading →

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Magistrate Judge Stickney Grants Motion For Costs, Finds $350/Hour Attorney-Fee Rate Reasonable

Posted on October 22, 2017 by Steven Callahan

On September 11, 2017, Magistrate Judge Stickney entered an Order (available here) in The Sugar Art v. Confectionary Arts International. In the case, the plaintiff previously brought suit against the defendant in the Western District of Texas, and, in response … Continue reading →

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

Posted on September 24, 2017 by Steven Callahan

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

Posted on August 14, 2017 by Steven Callahan

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

Posted on February 1, 2017 by Steven Callahan

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

Posted on November 28, 2016 by Steven Callahan

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

Posted on September 28, 2016 by Steven Callahan

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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