Invalidation of One Patent Does Not Justify Reduction of $7 Million Attorney Fees Award

The court granted plaintiff's motion for over $7 million in attorney fees under 35 U.S.C. § 285 and rejected defendants' argument that the fees should be reduced by 33% on the ground that one of the patents-in-suit was found to be invalid as obvious because the hours billed were inextricably intertwined. "⁠[Plaintiff's] counsels’ work on 'unsuccessful claims was intimately related to the work done on successful claims.' Most of [plaintiff's] counsels’ time was 'devoted to the litigation as a whole, making it impossible to divide the work done on each individual claim.' The number of witnesses called at trial did not increase as a result of the unsuccessful claims. Further, all of [plaintiff's] claims were so closely related that allocating the amount of time spent litigating each individual claim would have been impossible."

Imperium IP Holdings (Cayman), Ltd. v. Samsung Electronics Co., Ltd. et al, 4-14-cv-00371 (TXED April 3, 2018, Order) (Mazzant, USDJ)