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plaintiffdefendantattorneydiscoverytrialmotioncorporationbench trial
plaintiffattorneytrialmotionpatent

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Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc., Not Reported in F.Supp.2d, 2012 WL 4092515

Facts

Plaintiffs Tyco Healthcare Group LP and United States Surgical Corporation sought an award of attorneys' fees and costs after successfully moving to disqualify Defendant Ethicon's attorneys. The disqualification arose when Ethicon's counsel revealed they intended to use a trial graphics expert who had previously worked for Tyco, raising concerns about exposure to Tyco's trial strategy. Following a contentious discovery process and a motion to disqualify, the court ruled in favor of Tyco, leading to adjustments in the trial schedule and a bench trial.

On the eve of trial in this complex, strenuously-litigated patent case, Ethicon's counsel from Akin Gump informed Tyco's counsel that Akin Gump had hired and intended to use for trial the trial graphics expert who had served as Tyco's own trial graphics consultant for the first phase of the trial related to these patents.

Issue

Whether Tyco is entitled to an award of attorneys' fees and costs related to the motion to disqualify Ethicon's attorneys.

Whether Tyco is entitled to an award of attorneys' fees and costs related to the motion to disqualify Ethicon's attorneys.

Rule

The court traditionally employs the 'lodestar' method to calculate attorney fees, which involves multiplying a reasonable number of hours worked by a reasonable hourly rate. Adjustments may be made based on case-specific factors. The Second Circuit has directed courts to first determine a 'reasonable hourly rate' based on case-specific variables before calculating a 'presumptively reasonable fee.'

Analysis

In applying the rule, the court evaluated the reasonableness of the hours expended and the hourly rates claimed by Tyco's attorneys. The court found that while some hours were excessive or duplicative, the complexity of the disqualification motion justified a significant amount of attorney time. The court ultimately approved the rates sought by Tyco's attorneys, recognizing the high stakes and technical complexity of the case.

The Court is persuaded that a national rate is warranted here because of the high stakes, the technical complexity, and multiplicity of claims and defenses regarding multiple patents and multiple products.

Conclusion

The court granted Tyco's motion for attorneys' fees and costs in part, awarding a total of $148,742.86.

Accordingly, the Court awards to Tyco an attorney fee of $145,677.60, and costs in the amount of $3,065.26.

Who won?

Tyco Healthcare Group LP and United States Surgical Corporation prevailed in their motion to disqualify Ethicon's attorneys, which was deemed necessary due to the potential exposure of Tyco's trial strategy. The court recognized the complexity and sensitivity of the matter, ultimately awarding Tyco a significant portion of the fees and costs they sought.

Plaintiffs' motion [Doc. # 157] for costs and fees is GRANTED in part.

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