Monday, November 24, 2008

Court may approve fee award based on counsel's block billing

"Although under the block billing format, most fees and expenses are not expressly linked to a specific patent, the court, in its discretion, can determine the appropriate award. Case law only requires that 'the penalty imposed must in some way be related to bad faith and misconduct.' It does not require that the legal work performed solely resulted from a party’s misconduct."

Microstrategy Inc. v. Crystal Decisions, 1-03-cv-01124 (DED November 20, 2008, Memorandum Order)

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