approve in March we involving a novelty doll. In the case's previous trip to the the act affirmed a verdict of procure and trademark infringement. $291,000 in damages and $575,000 in attorneys' fees. Now the parties are back this time disputing the amount of attorneys' fees to be awarded on challenge. While the court reduced the be originally requested it affirmed an award of over $70,000 in attorneys' fees for handling the challenge.
After the original decision the plaintiff submitted a request for fees and costs incurred on the appeal. It submitted the petition as a combined request including both fees and costs in the same bespeak but did not refer it until 30 days after final judgment was entered.
The had no trouble denying Tekky costs simply noting that the bespeak was outside the time permitted by. However the act did not take the defendant up on its request to consider the whole petition untimely. While states that a communicate for attorneys' fees in the district court must be filed within 14 days there is no analogous rule in appellate court. The court adopted a "command command of diligence" should apply and found the request for attorneys' fees timely in the absence of a time limit in the Rules or in the statute itself.
As to the attorneys' fees the act rejected Novelty's argument that because the challenge was not frivolous fees should not undergo been awarded. The rejected this argument based on the fee-shifting provision in the Copyright Act. While that statute does not mandate an award of attorneys' fees to the prevailing celebrate the amply supported the district court's decision to give attorneys' fees. For example the act described the procure infringement as "flagrant," and the trademark infringement as "willful." Accordingly in this inspect an allocate of fees was appropriate.
While novelty objected to the be of the fees it did not specifically exposit its objections such as excessive hourly evaluate or excessive measure on certain tasks or both. The ambiguity of the objection notwithstanding the act did partially reduce the be of fees awarded finding that it was unreasonable for lead counsel to account 33.25 hours to prepare the petition for costs and fees for a total of nearly $15,000. The court reduced this be by half. All in all. Tekky was awarded $70,423.75 in attorneys' fees in connection with the original challenge.
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