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Judge Kent A. Jordan: Phillips Fee Award Revisited Again

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In a follow-up to an October 23, 2006 decision in the same case awarding attorneys’; fees to Sullivan and Cromwell, Judge Jordan awarded Potter Anderson and Corroon LLP attorneys; fees in the amount of $66,764.90 for 312.90 hours of work during April 2004. Our write-up of the October decision is available here.

In the October opinion, the Court had asked for documentation to support the amount of fees requested by Potter Anderson. The case had involved multiple patents and multiple defendants, but the fee award only pertained to one defendant and one patent. As such, it was difficult for the attorneys to separate the fees associated with each patent and each defendant. To be conservative, Potter Anderson only submitted records to show the work they did in April 2004, the month of the trial against CMT, which involved one remaining patent. The Court ordered the payment of Potter Anderson’s fees by CMT, finding Potter’s seeking of fees during the month of trial reasonable given the interrelationships of the technology of the two patents, and the degree to which the defendants were engaged in the litigation. Op. at 6.

Philips Electronics N.A. Corp. v. Compo Micro Tech, Inc., C.A. No. 02-123-KAJ (D. Del. Dec. 12, 2006).


Philips Electronics N.A. Corp. v. Compo Micro Tech, Inc., C.A. No. 02-123-KAJ (D. Del. Dec. 12, 2006).

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