Factors Other Than Attorney Performance Will Not Enhance Attorney Fee Award

Authors: Yieyie Yang, Ph.D.
Editors: Kevin D. Rodkey

In Lumen View Technology LLC v. Findthebest.com, Inc., Nos. 2015-1275, -1325 (Fed. Cir. Jan. 22, 2016), the Federal Circuit affirmed the district court’s finding that Lumen View’s case was exceptional and awarding attorneys’ fees, but vacated the district court’s enhancement of the fees awarded under 35 U.S.C. § 285.

The Court rejected the district court’s determination to increase the fee award based on an expedited schedule because it fell within the disfavored “results obtained” rationale. The Court also explained that the district court’s use of enhanced attorneys’ fees to deter future conduct was incorrect because “deterrence may be a consideration when determining whether to award attorney fees,” but “it is not an appropriate consideration in determining the amount of a reasonable attorney fee.” Explaining that factors outside the realm of attorney performance are not accepted to justify an enhancement, the Court vacated the district court’s fee award enhancement that was based on an expedited schedule and deterrence of future conduct. The Court then remanded for further consideration of the attorneys’ fee award.


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Tagged , ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: