Technical LED Intellectual Property, LLC v. Revogi, LLC

Background

Technical LED Intellectual Property, LLC sought default judgment against Revogi, LLC in a patent-infringement case. Its request included damages, attorney fees, costs, and an order making Jun Meng and Charles Isikilu personally liable. The magistrate judge recommended awarding $3,000 in damages, $10,400 in attorney fees, and no costs. The recommendation did not address the request for personal liability.

Technical LED objected to the recommended attorney-fee and cost rulings and argued that Meng, Revogi’s chief executive officer, manager, and sole shareholder, and Isikilu, identified as Revogi’s domestic agent for its trademark registration, should be personally liable. Technical LED did not object to the $3,000 damages award.

Attorney Fees and Costs

The court adopted the finding that the case was exceptional and that Technical LED was entitled to prevailing-party attorney fees. It applied the lodestar method, which calculates fees by multiplying reasonably expended hours by reasonable hourly rates. The court found the rates and hours for Louis M. Heidelberger, Ilene H. Goldberg, and three paralegals reasonable and supported by billing records.

The court granted Technical LED’s request for $32,083 in attorney and paralegal fees: $21,500 for Heidelberger and $10,583 for Carr & Ferrell LLP. The court denied the request for costs because it was unclear which costs were taxable or nontaxable, which charges were necessary litigation costs, and whether the submitted materials adequately documented the requested costs. The court stated that Technical LED could consult Civil Local Rule 54 regarding taxable costs.

Personal Liability

Technical LED argued that Meng and Isikilu should be personally liable under a corporate-veil or alter-ego theory. The court rejected the request because the complaint named only Revogi as the defendant and did not name Meng or Isikilu or allege an alter-ego theory. The request for personal liability was therefore denied.

Disposition

Judge Edward J. Davila adopted Magistrate Judge Corley’s Report and Recommendation in part. The court awarded Technical LED $3,000 in damages and granted its attorney-fee request in the amount of $32,083. The court denied the request for costs and denied the request to hold Revogi’s officers personally liable. The clerk was directed to close the file, and a judgment in favor of Technical LED was to follow.