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ARTICLE · 25 JANUARY 2023

D. Mass. Patent Litigation Update: December 2022

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In ACQIS, LLC v. EMC Corporation, No. 14-cv-13560, Judge Burroughs ordered supplemental briefing on EMC's motion for attorney fees because...

United StatesIntellectual Property
Matthew C. Berntsen
Matthew C. Berntsen
Michael Kudravetz
Michael Kudravetz
Amy L. Fulton
Amy L. Fulton
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This is part of a series of articles discussing recent orders of interest issued in patent cases by the United States District Court for the District of Massachusetts.

In ACQIS, LLC v. EMC Corporation, No. 14-cv-13560, Judge Burroughs ordered supplemental briefing on EMC's motion for attorney fees because, while EMC had requested in camera review of its litigation expenses, it had not explained the basis for its request. The Court observed that, absent a request by all parties, it "generally disfavors in camera review of billing records to support a motion for fees as it deprives the opponent of an opportunity to object or otherwise respond." The Court then ordered EMC to provide "supplemental briefing with a detailed breakdown of time and costs, within 30 days," adding that Defendant may file an accompanying motion to seal "if it believes it is warranted." The Court gave ACQIS 14 days to respond to EMC's filings.

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