Amount Of Fees Award

  • Lodestar Presumptively Is Reasonable Amount Of Fees: Amount of reasonable fees is Lodestar (reasonable hourly rates times reasonable amount of hours worked on comparable case). Determination of the amount of fees cannot be based on deterrence or punitive purpose. Lumen View (Fed. Cir. 01/22/16) (vacating doubling of lodestar for insufficient analysis; few situations where deviation from lodestar is permitted); cf. Large Audience (Fed. Cir. 10/20/16) (non-precedential) (explaining lodestar and flagging unreasonable billings by partners).
  • Awards Under Inherent Authority To Sanction Bad Faith Conduct, Are Limited To Fees Incurred Due To That Conduct: When exercising “a federal court’s inherent au­thority to sanction a litigant for bad-faith conduct by ordering it to pay the other side’s legal fees,” “such an order is limited to the fees the innocent party … would not have incurred but for the bad faith.” Goodyear Tire (U.S. 04/18/2017).
  • Deferential Review Of Amount Of Fees Awarded: District court has the “discretion to determine the amount of a fee award”; declining to examine “minutia” of fee award. Icon Health (Fed. Cir. 08/25/17) (non-precedential).
  • Sometimes Can Recover Fees From Parallel PTO Proceeding: At least where PTO proceeding in effect substitutes for district court litigation, the prevailing party may recover fees expended in the PTO proceeding. PPG Indus. (Fed. Cir. 03/03/88) (over defendant’s objection, action stayed pending contested reissue proceeding with plaintiff agreeing to be bound by result; defendant then prevailed in that proceeding).  Full fees may be awarded where “the factual bases for the exceptionality finding …’permeated’ the entire litigation.”