Wednesday, June 20, 2012

Failure to Substantially Participate in Settlement Conference Warrants Sanctions Award

The court imposed sanctions for defendant's failure to substantially participate in a pre-claim construction settlement conference based on hourly rates of $375-$400. "The court will not award attorneys fees and costs incurred for the time spent preparing the confidential settlement memorandum or other preparation involving the client prior to the settlement conference. The court will, however, award attorneys fees for the time spent during the settlement conference, follow-up communications necessitated by [defendant's] failure to have an authorized representative present at the settlement conference, and preparation and time spent for the . . . follow-up status conference."

Aevoe Corp. v. Shenzhen Membrane Precise Electron Ltd., 2-12-cv-00054 (NVD June 15, 2012, Order) (Leen, M.J.).

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