Universal Electronics, Inc. v. Universal Remote Control, Inc.
Opinion
Lead Opinion
Guilford, J.
ORDER SETTING AWARD OF FEES AND EXPENSES, INCLUDING TAXABLE COSTS TO DEFENDANT
The Court has held that‘Defendant Universal Remote Control, Inc. (“Defendant” or “URC”) is entitled to attorney fees under 35 U.S.C. section 285 , as recently interpreted by the Supreme Court in Octane Fitness, LLC v. Icon Health & Fitness, Inc., — U.S. -, 134 S.Ct. 1749 , 188 L.Ed.2d 816 (2014). In Octane, the Supreme Court eased the requirements to get such fees under section 285. Now the Court must calculate the amount of fees to be awarded. The Court’s Order also now calculates appropriate expenses, including whether, expert fees are recoverable here. Very voluminous documentation, including supplementation and objections, have been submitted by Defendant and Plaintiff Universal Electronics, Inc. (“Plaintiff’ or “UEI”).
The calculations and the issues thus presented underscore uncertainty about how to determine attorney fees under section 285. The Court begins with a global fee analysis that it concludes properly balances all interests, and then it engages in a more granular analysis that likely 'consumes time and resources unnecessarily.