Pryor Cashman Wins Attorneys' Fees in Defense of Spears, Timberlake
On June 2, 2017, U.S. District Judge Manuel Real approved an award of $737,000 in attorneys’ fees for Pryor Cashman, following its successful representation of music icons Britney Spears and Justin Timberlake in a patent infringement suit.
In its failed suit, Large Audience Display Systems, LLC (LADS) claimed that Spears, Timberlake and other defendants infringed its patent by using its display technology at concerts and events during 2008-09 without proper licenses. The case was dismissed, with prejudice, in the singers’ favor in 2015.
Judge Real concluded that Pryor Cashman’s request for fees was reasonable, with one partner handling the bulk of the work on the seven-year case, and all the other attorneys’ fees within normal range for their roles as intellectual property and entertainment lawyers.
The Court rejected LADS’ argument that the pop stars were only entitled to fees stemming from litigation misconduct, finding the case “exceptional because of [LADS’] efforts to manufacture venue, the use of a privileged email, and the overall weakness of the merits of [LADS’] positions taken at the Patent and Trademark Office.”
Judge Real also ruled that “LADS’ misconduct permeated through the entirety of this matter, from the start of litigation until the motion for attorneys’ fees," and, as such, “[Spears and Timberlake] are entitled to their full fee.”
**UPDATE: Award of Attorneys' Fees Affirmed on Appeal
On August 20, 2018, after LADS appealed the District Court's award of attorneys' fees, the U.S. Court of Appeals for the Federal Circuit affirmed the award in its entirety, stating "the district court, considering the totality of the circumstances, did not abuse its discretion in finding the case exceptional or in awarding fees for the entire litigation."
The Pryor Cashman Team
Representing Spears and Timberlake before the District Court were Brad D. Rose, Chair of Pryor Cashman’s Intellectual Property Group, Andrew Langsam, Co-Chair of the firm’s Patent Litigation Group and Partner Michael Niborski.
Langsam argued for Spears, Timberlake and the other defendants on appeal.
