L.A. County Attorney Payment Statistics Are Out For 2014-2015.
For 2014-2015, Los Angeles County paid $59 million for attorney’s fees and costs to both in-house and outside counsel, a 7% increase from the prior year. For matters going to trial, the County won 64% of the time, although many cases were settled. The number 1 user was the Sheriff’s Department (which accounted for ½ of the expenses), followed by number 2 user Department of Health Services.
E.D. Tex. District Judge Assess “Exceptional” Patent Fee-Shifting To The Tune Of $390,000 Against A Patent Troll.
On January 19, 2016, U.S. District Judge Rodney Gilstrap awarded 24 separate defendants a total of $390,000 in attorney’s fees against an unsuccessful “patent troll” in a patent infringement case, finding plaintiff’s weak claims justified finding a fee award “exceptional” under the patent fee-shifting statute (35 U.S.C. § 285). He fixed this amount after finding “exceptional” circumstances in a prior December 17, 2015 order. The case is eDekka v. 3Balls.com, Case No. 2:15-CV-541-JRG (E.D. Tex.).
Above: From Wikipedia article on “Troll”.
Federal Circuit Lops Multiplier Off “Exceptional” Patent Fee Award, Finding Deterrence Is Generally Not A Factor To Consider In Setting Amount of Fees.
The Federal Circuit, in Lumen View Technology v. Findthebest.com, Nos. 2015-1275/2015-1325 (Fed. Cir. Jan. 22, 2016), affirmed a $149,000 fee award against an unsuccessful patent infringement plaintiff based on section 285’s “exceptionality” language. However, it overturned a $149,000 multiplier awarded by the district judge, observing that deterrence is generally not a factor to be considered in determining reasonableness of fees under section 285. But, plaintiff should not be too giddy—the Federal Circuit remanded to the district judge to determine if Rule 11 or other sanctions might be appropriate under the circumstances.
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