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Judge Robinson substantially reduces fees awarded to for plaintiff’s “objectively unreasonable” claim construction

Judge Sue L. Robinson recently issued the Court’s Memorandum Order determining the appropriate amount of fees awarded to  Technology Innovations, LLC v., Inc., C.A. No. 11-690-SLR (D. Del. April 20, 2015).  The fees were awarded as a result of Judge Robinson’s previous decision sanctioning Technology Innovations for its “objectively unreasonable” claim construction positions.  See previous decisions here and here. requested over $100,000 in fees.  After reviewing each category of claimed fees, Judge Robinson awarded $51,046.  Among other things, Judge Robinson awarded half the requested amount for briefing a motion to dismiss and Amazon’s reply to the Court’s show cause order, determining that the number of timekeepers used to produce 38 pages of briefing was excessive.  Id. at 2, 3.  Judge Robinson also reduced the requested reimbursement related to invalidity contentions, finding that the Court “ha[d] no basis to award a $470 hourly rate to a third year associate[,]” and lowering the rate to $250.  Id.

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