Thursday, March 8, 2012
What types of litigation misconduct result in attorneys’ fees award?
Awards of attorneys’ fees under 35 U.S.C. § 285 involve a number of preliminary determinations (prevailing party, willfulness, adequacy of pre-filing investigation, litigation misconduct, etc.) and a review of the reasonableness of counsel’s fee (i.e., billing rates, staffing decisions, and total hours charged). Docket Navigator can help you break down the process step by step and factor by factor. See a list of court orders awarding attorneys’ fees where litigation misconduct was a contributing factor. To view a different set of orders (e.g., orders denying attorneys’ fees or orders focusing on a different factor), you can edit the search criteria at the top of the page.