Opinion
Civil Action No. 3:99-CV-0982-M.
September 20, 2001.
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DEFENDANT MARK V PRODUCTS, INC.'S LACHES DEFENSE AND ON ENHANCED DAMAGES AND ATTORNEYS FEE
I. FINDINGS OF FACT
1. The delay of Plaintiff Auto Wax Co., Inc. in asserting its trademark infringement claim against Mark V was excusable.
2. Mark V did not suffer undue prejudice as a result of Auto Wax's delay in asserting its trademark infringement claim against it.
3. In consideration of the factors sent out in the case of Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974), the Court finds that reasonable and necessary attorney fees for Auto Wax in this case fairly attributable to its patent infringement claims is $1,200,000. In determining that amount, the Court reviewed Plaintiff's submissions. Its detailed fee statements were reviewed in camera to protect confidential and privileged information contained in the statements. The Court reduced the amounts claimed by Auto Wax to exclude roughly 25%, which it concluded were reasonably attributable to the trademark issues or to the defense of Mark V's counterclaims, and all time for Mr. McClellan, since the time he spent appears to have been related exclusively to the defense of Mark V's counterclaims. The balance of the fees were either solely for the patent infringement issues or not clearly segregable from them. The Court is awarding fees for only the following Vinson Elkins billing attorneys: Messrs. Schuurman, Porter, Buss, Lewis and Floyd and legal assistants Pope and Crider. The Court concluded that the time spent by those attorneys and legal assistants was reasonable and necessary in pursuit of the patent claims and that the hourly rates applied were reasonable and customary for a suit of this nature in Texas. For Conley Rose Tayon, P.C., the Court is awarding fees for only the following billing attorneys and legal assistants: Eric Meyertons (rates from $190-250 per hour), Charles Claunch ($160 per hour), Dwayne Goetzel (rates from $150-230 per hour), Jeff McDaniel ($210 per hour), Theresa Moorman ($120-150 per hour), Mark Deluca ($115-150 per hour), Larry Thompson ($100 per hour), and various legal assistants charged at a rate of $35-85 per hour. The Court will not award any amount for expenses not taxable as court costs.
II. CONCLUSIONS OF LAW
1. Auto Wax's trademark infringement claim against Mark V is not barred by laches.
2. Auto should recover enhanced damages and attorneys fees for its patent infringement claims, but not for its trademark infringement claims.
3. Auto Wax cannot recover expenses not otherwise taxable as court costs under applicable rules or statutes.
SO ORDERED.