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Philips Awarded Fees and Costs on Second Try

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, C.A. No. 02-123-KAJ (D. Del. Oct. 23, 2006)

Judge Kent Jordan granted Philips Electronics’ request for $285,690.44 in costs and $2,448,750 in fees. After finding the case exceptional under § 285 in March 2005, the Court required Philips to submit documentation in support of its request for fees and costs. Philips’ first submission, however, was inadequate in the Court’s eyes, and the Court required Philips to submit further documentation to “support the total number of hours worked, when the hours were worked, and what was done by whom during those hours.” . The Court then granted the request for costs and fees after Philips� second submission. Philips was represented by Sullivan and Cromwell, and locally by Potter Anderson and Corroon.

Of particular interest in this case is the way that Sullivan and Cromwell broke down their fees between multiple patents and multiple defendants. In this regard, the Court approved of Sullivan�s narrowing of fees as described on pages 5 through 8 of the Order. The Court did not allow recovery of expert witness fees, ambiguous copying and scanning costs, or �miscellaneous� expenses. However, the Court did allow Sullivan and Cromwell to use the rates charged by other highly-regarded New York City firms when calculating a reasonable hourly rate, instead of using the rates charged by Delaware firms (which, incidentally, are a bargain!).

In case you were wondering, the billing records and timesheets submitted to the Court were done so under seal. Darn. But the Bill of Costs can be found .

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