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.:
- Judgment of non-infringement of U.S. Patent No. 6,191,780 is entered for Touch Tunes
- Judgment of non-infringement of U.S. Patent No. 5,848,398 is entered for Touch Tunes
- Judgment of non-infringement of the U.S. Patent No. 6,790,834 is entered for Touch Tunes
- Judgment of non-infringement of U.S. Patent No. 6,397,189 is entered for TouchTunes
- Judgment of non-infringement of U.S. Patent No. 6,381,575 is entered for TouchTunes
- Judgment of invalidity of Claims 1-7 of the ‘398 Patent is entered for TouchTunes; and
- TouchTunes’ declaratory judgment claims for non-infringement and invalidity of
- U.S. Patent No. 5,930,765 are dismissed without prejudice
- Judgment that the ‘780, ‘398 and ‘834 patents are not unenforceable due to inequitable conduct
- Except as set forth above, all remaining claims and counterclaims in this action are dismissed without prejudice
- 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