Google Gets Their Attorneys’ Fees Back for Having to Fight Off a Weak Patent Infringement Suit

Judgments and Awards

On September 25, 2017, a federal court in San Jose, CA awarded the Defendants Google, YouTube, and On2 Technologies $820,321.41 in attorney’s fees.  The Court previously held the Plaintiff Max Sound did not have the right to sue on the patent at issue.  The Court held the case warranted attorney’s fees as an “exceptional case” because Max Sound did not investigate whether it had the right to sue and maintained the suit despite mounting evidence that it did not have the right to do so.  The Court awarded to the Defendants the full amount they requested: $820,321.41 based on 1547.1 hours billed at hourly rates ranging from $336/hr to $950/hr.

The case is Max Sound Corporation v. Google, Inc. 14-cv-04412-EJD

Written By: Adam Powell and Clayton R. Henson

Editors: John Sganga, Joseph Cianfrani and Boris Zelkind