Attorney Fees Calculated Using In-State Rates Even Where Use of Out-of-State Counsel Created Efficiencies

The court denied in part defendant's request for attorney fees under 35 U.S.C. § 285 because the forum rate rule applied. "[Defendant] argues that the exception to the forum rate rule applies because the case required the special expertise of its out-of-state counsel. . . . [Defendant] does not indicate that Delaware counsel were unwilling to litigate the case. . . . [Defendant] has not presented specific evidence that patent cases involving vehicles, as opposed to other types of technologies, require specialized expertise. Further, I accept [defendant's] representation that its [out-of-state] counsel were able to achieve certain efficiencies by virtue of representing [defendant] in the patent litigation pending concurrently with this case and in other cases. Still, that the [out-of-state] attorneys had prior experience litigating cases in which [defendant's] vehicles were at issue does not prove that no local attorneys had the expertise necessary to litigate the case."

Vehicle Interface Technologies, LLC v. Jaguar Land Rover North America, LLC, 1-12-cv-01285 (DED June 15, 2016, Order) (Andrews, J.)