Google Gets Their Attorneys Fees Back for Having to Fight Off a Weak Patent Infringement Suit
Contributed by Knobbe Martens. Originally published on Patexia; republished here as part of the LexDana archive.
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
More insights
Structuring Solar IP Claims for Leverage: How System Claims and Induced or Contributory Infringement Can Expand Enforcement Options
Written by: Tyler S. Cox Key Takeaways: Nextpower’s mix of apparatus and system claims illustrates how claim strategy can expand enforcement flexibility. Additionally, carefully drafting patent claims can expand the scope of protection of the claim…
Patexia Insight 256: Patent Litigation Remains Concentrated in Key U.S. District Courts
U.S. District Court patent litigation continues to be one of the most consequential and data-rich arenas in intellectual property enforcement. Between July 1, 2020, and June 30, 2025, 18,352 patent cases were filed across federal courts, involving tens of…
Litigation Finance Tax Dropped From Trump S Big Beautiful Bill
In a major development for the billion dollar litigation finance industry, a tax provision targeting litigation funders has been removed from President Trump’s sweeping tax and spending legislation, dubbed the “Big, Beautiful Bill”,…