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Hourly Rates Hit $1750 in IP Litigation

July 16, 2018 | Posted in : Fee Award, Hourly Rates

A recent Law.com story by Scott Graham, “Skilled in the Art: Apple Goes OT in Clash of Titans. Plus Who’s Billing $1,750 an Hour?,” reports that, in a fee award unsealed this week in an “exceptional” patent case exceeded $1,000 an hour.  The law firms in the genetic engineering dispute Regeneron v. Merus submitted their billing rates under seal, but U.S. District Judge Katherine Forrest outed a few of them.

Notably, Forrest reports that Hogen Lovells partner Neal Katyal, Regeneron’s appellate counsel, has billed $1,750 in the case.  Irell & Manella partners billed Regeneron $1,350-1,750, and that was before exiting the case in 2014. (The opinion doesn’t say who at Irell billed $1,750, but star partners Morgan Chu and David Gindler were part of the team.) Fitzpatrick Cella Harper & Scinto took over from Irell in late 2014, with their partners billing between $463 and $663 an hour.

Forrest provided all this by way of explaining why she found Kirkland & Ellis’ rates for Merus reasonable, and awarded the company its entire $8.3 million in requested fees, plus $1.7 million in expenses.  Kirkland’s partners charged between $775 and $1,355, though that apparently came before a 12 percent discount. Kirkland’s trial team was led by partner Patricia Carson.

Forrest ruled in 2015 that Regeneron engaged in inequitable conduct when it obtained a patent on a genetically modified mouse that produces human antibodies.  Her ruling has generated controversy because it was based in part on an adverse inference that she drew from Regeneron’s litigation misconduct.  The Federal Circuit affirmed on a 2-1 vote.  Regeneron’s cert petition is now pending before the U.S. Supreme Court, where it has generated amicus support from regional IP bars and the Washington Legal Foundation, among others.