Monday, June 22, 2015

No Reduction of $5.9 Million Attorney Fee Award for Two Mock Trials

The court awarded defendant $5.9 million in attorney fees under 35 U.S.C. § 285 and partially rejected plaintiff's argument that fees for mock trials were unreasonable. "As for moot trial teams, such practice is entirely reasonable and typical. The Court, however, questions whether [plaintiff] should have to pay for three mock arguments. . . . [Plaintiff] does not provide this court with evidence to compare, but the Court can only assume that [plaintiff] did not conduct any mock arguments with outside professionals who might have brought 'the fresh perspective to the issue' as [defendant] did. . . . [C]onducting a mock oral argument and a follow-up one to address feedback from the first argument is entirely reasonable in a case of this complexity. It will, however, deduct . . . fees related to the third mock argument as unnecessary."

Bayer CropScience AG, et al v. Dow Agrosciences LLC, 1-12-cv-00256 (DED June 18, 2015, Order) (Bumb, J.)

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