N.D. California cuts intellectual property fee award over missing contemporaneous records
Quicklogic Corporation v. Konda Technologies, Inc. et al, No. 5:21-cv-04657. District Court, N.D. California, Judge Edward J. Davila. Decided . Read the opinion
The court applied the reductions below but did not state requested and awarded totals we could check against the opinion, so no overall percentage is shown.
Intellectual property · 35 U.S.C. § 285 · Fee applicant's counsel: Baker Botts LLP
What happened
Baker Botts LLP, counsel for the fee applicant, sought fees under 35 U.S.C. § 285 for 768.94 hours. The court did not state totals for the request or award. It declined to award $75,362.17 in requested fees for one period, finding insufficient information to determine the reasonableness of the hours worked during that period. The court awarded fees for the remaining hours.
What the court said
Because there is insufficient information to determine the reasonableness of the hours worked during this period, the Court will not award the requested fees.
Why it matters
The ruling shows that a fee petition can lose requested fees entirely for a period when the record does not let the court assess the reasonableness of the hours, even where the overall hours are otherwise awarded.
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
Quicklogic Corporation v. Konda Technologies, Inc., No. 5:21-cv-04657 (N.D. Cal. May 27, 2025) See hourly rates the N.D. California approves and attorney fee motions in California 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.
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