D. Utah cuts intellectual property fee award 68%, including for missing records

What happened

The fee applicant sought $23,410 in attorney fees. The court awarded $7,500, a reduction of $15,910 or 68%. The court first allocated fees between the Utah law claims, for which fees were recoverable, and the Lanham Act claims, for which they were not. It also noted that the applicant did not submit billing records for the work performed and instead provided a cursory grid stating a minimum fee figure.

What the court said

Lynch did not submit billing records for the work that his attorneys performed. Instead, he provided a cursory grid stating that he incurred fees of "[a]t least $10,000"...

The court also reduced the award for: unrelated claims.

Why it matters

The ruling shows that a fee petition needs contemporaneous time records, not a summary estimate, and that courts will separate time spent on claims that do not support fees from time on claims that do.

How to keep this out of your fee petition

• Record time the same day the work happens.
• Keep the original records, not only a cleaned-up summary.
• Be able to show when each entry was created.

Cite this ruling

See hourly rates the D. Utah approves and attorney fee motions in Utah federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.