BIAX Corporation v. NVIDIA Corporation, et. al., 1-09-cv-01257 (COD August 12, 2013, Order) (Brimmer, J.).
Wednesday, August 14, 2013
Local Counsel Fees Not “Unnecessary” in Determining § 285 Award
The court granted in part defendants' motions for attorneys' fees under 35 U.S.C. § 285 and rejected plaintiff's argument that local counsel were unnecessary. "[Plaintiff] opines that '[g]iven the [Electronic Case Filing] system, local counsel is all but an anachronism,' 'nice for meetings and the like, but . . . otherwise unnecessary.' However, [plaintiff] does not offer, and the Court has not found, any case law to suggest that local counsel is unnecessary. On the contrary, it appears from the billing statements that local counsel assisted by advising out-of-state counsel on compliance with the local rules, reviewing court filings, helping prepare for appearances, and appearing in court. These tasks appear to have been reasonable at the time they were undertaken."