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ARTICLE · 27 OCTOBER 2005

Order Reducing Attorney Fee Award Must Include a Clear Explanation

McDermott Will & Emery
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If a district court is going to deny or reduce an award of attorney fees, it must provide an adequate explanation for doing so.

United StatesIntellectual Property
Ronald Pabis
Ronald Pabis
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If a district court is going to deny or reduce an award of attorney fees, it must provide an adequate explanation for doing so. That was the holding of the U.S. Court of Appeals for the Federal Circuit in International Rectifier Corp. v. Samsung Electronics Co., Ltd., Case No. 04-1429 (Fed. Cir. Sept. 23, 2005) (Linn, J.). The Court found the district court abused its discretion by denying a request for attorney fees and granting a reduced attorney fee award without providing a "concise but clear" explanation supporting its decision. According to the Federal Circuit, without adequate findings to substantiate the district court’s conclusions, the reviewing court cannot assess whether the district court abused its discretion in granting the fee reduction.

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