Sunrich Food Group, Inc. v. Pacific Foods of Oregon, Inc.

Good Law
304 F. App'x 518
United States Court of Appeals for the Ninth CircuitDecember 17, 2008No. 07-35526California422 words

Opinion

lead Opinion

MEMORANDUM *

A jury found that Defendant Pacific Foods of Oregon, Inc., had willfully misappropriated Plaintiff Sunrich Food Group, Inc.’s, trade secrets. The district court exercised its discretion to award fees to Plaintiff under the Oregon Uniform Trade Secrets Act. Defendant did not appeal the imposition of fees, but Plaintiff appealed the amount. Defendant appealed with respect to other issues in the case.

On appeal of the fee issue, we considered the “Reduction of Claimed Attorneys’ Fees” and held that the district court had erroneously concluded that it could award fees only for work relating to the trade secrets claim. Sunrich Food Group, Inc. v. Pac. Food of Or., 207 Fed.Appx. 745, 750-52 (9th Cir.2006) (unpublished decision). We explained that, under Oregon law, apportionment among claims is not required if the fee and non-fee claims involve common legal or factual issues because, when such issues are intertwined, the amount of fees would be roughly the same. Id. at 751 .

Id.

In addition, the district court was instructed that it could reduce the amount of *520 fees claimed because of “generalized time entries, multiple attorney conferences, clerical or paralegal…

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