Decision on $17 Million Attorneys’ Fee Request Deferred Pending Completion of Appeal

The court denied without prejudice plaintiff's motion for $17.2 million in attorneys' fees under 35 U.S.C. § 285. "[T]his motion is one of a host of post-trial motions filed by the parties in this case and they have made it clear there will be an appeal to the Federal Circuit, regardless of the Court’s rulings on same. As an appeal is virtually certain, the Court finds that it is premature to decide the contested issues of attorney fees and to undertake the exceptional task of reviewing the calculations of same, at this juncture. Instead, the Court is persuaded by the procedure employed by [another court], whereby he denied a motion for attorney fees, without prejudice, to the parties’ right to renew the motion and arguments after the appeal was resolved by the Federal Circuit. After the Circuit adjudicated the appeal, the parties then renewed their motions and the Court was in a better position to assess whether an award of attorney fees was appropriate."

Carnegie Mellon University v. Marvell Technology Group, Ltd., et. al., 2-09-cv-00290 (PAWD June 26, 2013, Order) (Fischer, J.).