Friday, October 2, 2009

Successful Defendant Ordered to Pay Attorneys' Fees and Costs Associated With Unsuccessful Invalidity Defense

Although the jury found in favor of defendant, the court awarded plaintiff its attorneys' fees as to defendant's unsuccessful claim of invalidity. "[Defendant's] actions in pursuing the counterclaim of invalidity long after it was shown not to be meritorious amounts to vexatious conduct. Defending against [defendant's] claims of invalidity was a considerable financial burden to [plaintiff] in terms of attorney time, firm resources, and out-of-pocket expense. [Defendant's] adamant denial that there was any misconduct in this case displays the same arrogance that has colored this case almost from its inception."

Kellogg v. Nike et al., 8-07-cv-00070
(NED September 30, 2009, Memorandum & Order) (Bataillon, J.)

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