Over 2 million in fees and expenses incurred in defending bad faith suit granted less overhead costs
Microstrategy Incorporated v. Crystal Decisions, Inc., C. A. No. 03-1124-MPT, November 19, 2008.
Thynge, M. J. Magistrate grants plaintiff’s request for fees and costs in the amount of $2,249,387.22 less the charges related to overhead costs.
Magistrate considers dispute over what is reasonable amount of attorney fees and expenses following ruling by Court awarding plaintiff its fees and expenses incurred in defending against certain infringement claims brought by defendant as to some of the patents-in-suit. Defendant argues that the block method of billing used here makes it impossible to determine which fees and expenses are allocated to which claims. Citing Beckman Instruments Inc. v. LKB Produkter AB, the Magistrate finds that plaintiff is not required to produce an “absolutely specific” accounting of the costs associated with defending the claims and finds the extensive billing statements provided which includes descriptions of the type of work related to defendant’s bad faith, billing rates and hours expended to be satisfactory. Plaintiff’s request for fees and expenses is granted less the charges related to the overhead costs.
