直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Federal Circuit IP Blog

Factors Other Than Attorney Performance Will Not Enhance Attorney Fee Award

February 08, 2016

Authored and Edited by Kevin D. Rodkey; Elizabeth D. Ferrill; Yieyie Yang, Ph.D.

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.

Tags

remedies

Contacts

Kevin D. Rodkey
Partner
Atlanta, GA
+1 404 653 6484
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

Copyright © 2016 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 


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.

Related Insights

Lecture

IPIC/McGill Summer IP Course 2026: Understanding Trademarks

July 14, 2026

Montreal

Conference

7th International Conference on Biofuels and Bioenergy

June 25-26, 2026

Edinburgh

Charitable

Bridges From School to Work Gala 2026

June 22, 2026

Washington, DC

Lecture

Munich Licensing Summer Course 2026

June 18-19, 2026

Munich

Charitable

Banding Together 2026

June 18, 2026

Washington, DC

Conference

IPBC Global 2026

June 15-17, 2026

San Diego

Conference

2026 Copyright Society Annual Meeting

June 14-16, 2026

Louisville

Conference

17th Summit on Biosimilars & Innovator Biologics

June 2-3, 2026

New York

Articles

Article_D.-Mass-Patent-Litigation-Update-October-2024

D. Mass. Patent Litigation Update: April 2026

June 1, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP