Magistrate Gorenstein recommends changing trebled damages to defaulting defendant, but no attorney’s fees.

Keystone Global LLC v. Auto Essentials Inc., et al.

Case Number: 1:12-cv-09077-DLC-GWG

Keystone alleged that Decor Essentials infringed two patents, U.S. Patents Nos. 7,866,715 (“Protective vehicle cover”) and 8,047,601 (same), and Decor defaulted. Liability thus established, Keystone requested damages of $41K, trebled damages, and attorney fees of $5K. Magistrate Gorenstein awarded trebled damages, citing various trademark cases for the proposition that, “[w]illfulness may be established by a party’s default because an innocent party would presumably have made an effort to defend itself.”

The court found that Keystone was entitled to attorney’s fees, but then stated, “[c]ounsel seeks fees based on five hours of work. While the number of hours sought appears reasonable, no attorney’s fees should be awarded here because counsel has neither supplied contemporaneous time records nor supplied any evidence that the hours sought are based on such records.”

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