Court awards $5.65 Million in Fees And Expenses Against Losing Defendant in Patent Case

Microtune (Texas), L.P. v. Broadcom Corp., 2004 WL 716697 (NO. 4:01CV23)
Judge: Brown
Division: Sherman
Date: March 18, 2004
Holding: Request for Award of Attorneys Fees GRANTED
COMMENTS:
This is a patent infringement case, in which the jury found that the defendant willfully infringed the plaintiff's patent dealing with integrated television tuners, and that the patent was valid. The parties had stipulated as to the amount of the damages, but the plaintiff sought enhanced damages, interests and attorneys' fees due to the finding of "willfulness" under 35 U.S.C. § 284-85. In a previous order (2003 WL 23326002 - see "Enhanced Damages Awarded in Patent Case" post below) Judge Brown held that enhanced damages were appropriate, that interest should be awarded, and that attorneys' fees should be awarded and the amount requested was reasonable, but ordered that the billing records be submitted for in camera review before making a final fee award.
In this order, Judge Brown determined that prevailing plaintiff Microtune should be awarded its reasonable attorneys' fees in the amount of $5,157,658.25 (a reduction of approximately $500,000 from the amount requested) and litigation- related expenses in the amount of $500,168.31. Interestingly, the Court noted that the defendant in the case incurred legal expenses of over $11 million. Judge Brown's opinion is an exhaustive application of the standards for awards of attorneys' fees, and may be useful for practitioners researching these issues.