Judge Andrews issues order on fees awarded in Vehicle Interface Technologies litigation

Judge Richard G. Andrews recently reviewed the documentation provided by Jaguar in support of its request for fees.  Vehicle Interface Technologies, LLC v. Jaguar Land Rover North America, LLC, Nos. 12-1285-RGA, 14-339-RGA (D. Del. June 15, 2016).  Judge Andrews previously granted Jaguar’s motion for fees pursuant to 35 U.S.C. § 285.  Jaguar sought $2,883,048 in fees and costs, calculated from June 2013 which was when Jaguar served its invalidity contentions.  Judge Andrews found that fees should have been calculated beginning in October 2013, which was when VIT had to respond to interrogatories “by identifying claim limitations that it maintained were not present in the asserted prior art references.”  Id. at 3-4.  By that date, “VIT certainly had a reasonable opportunity to consider Defendants’ initial invalidity contentions and was on notice that [certain] prior art rendered VIT’s case objectively baseless.”  Id. at 4.  Judge Andrews also found that it was appropriate for Jaguar to seek fees for VIT’s appeal.  Id. at 4-5.  Regarding the “quantum” of reasonable fees, Judge Andrews found that the appropriate rates for Jaguar’s counsel should have been the “prevailing market rates of Delaware intellectual property attorneys.”  Id. at 5-6.  Judge Andrews also found the number of attorney hours requested were reasonable, but that Jaguar was not entitled to receive fees paid to its expert witnesses.  Id. at 6-9.

Vehicle Interface v. Jaguar, No. 12-1285-RGA

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