Judge Sweet trims award of attorney’s charges due to block billing and claims for charges for any non-compulsory defense issues final judgment.

, Top

Judge Sweet trims award of attorney’s charges due to block billing and claims for charges for any non-compulsory defense issues final judgment.

Touchtunes Music Corp. v. Rowe Worldwide Corp., Arachnid, Corporation., et al.

October 21, 2014

Situation Number: 1:07-cv-11450-RWS

Judge Sweet, getting formerly found this situation to become exceptional, awarded complaintant-counterclaim defendant $2.7M from the $3.3M it requested. Reductions were because of block billing (a tenPercent reduction) and also the court’s re-affirmance that charges for losing inequitable conduct defenses weren’t recoverable. A legal court stated the occasions that brought towards the control of inequitable conduct happened 3 years in to the situation, and for that reason didn’t make up the grounds for compulsory counterclaims. A legal court had formerly figured that charges for non-compulsory defenses weren’t awardable.
A legal court issued your final Judgment [Dkt. 312] between Touch Tunes and Arachnid Corporation.:

  1. Judgment of non-infringement of U.S. Patent No. 6,191,780 is entered for Touch Tunes
  2. Judgment of non-infringement of U.S. Patent No. 5,848,398 is entered for Touch Tunes
  3. Judgment of non-infringement of the U.S. Patent No. 6,790,834 is entered for Touch Tunes
  4. Judgment of non-infringement of U.S. Patent No. 6,397,189 is entered for TouchTunes
  5. Judgment of non-infringement of U.S. Patent No. 6,381,575 is entered for TouchTunes
  6. Judgment of invalidity of Claims 1-7 of the ‘398 Patent is entered for TouchTunes; and
  7. TouchTunes’ declaratory judgment claims for non-infringement and invalidity of
  8. U.S. Patent No. 5,930,765 are dismissed without prejudice
  9. Judgment that the ‘780, ‘398 and ‘834 patents are not unenforceable due to inequitable conduct
  10. Except as set forth above, all remaining claims and counterclaims in this action are dismissed without prejudice
  11. The Court has found Arachnid’s infringement allegations in this case to be exceptional under 35 U.S.C. § 285 and, pursuant to Section 285 and the Court’s inherent powers, awards TouchTunes its fees and costs in the amount of $2,728,471.54

 

Leave a Reply