Facts

Daniel Henderson sued HTC Corporation and HTC America Inc. through his holding company Intellect Wireless Inc., accusing them of patent infringement relating to his alleged 1993 patent for a picture phone. After it was discovered that Henderson lied about his patent claims, the court issued a fee ruling on January 8, 2015 holding Intellect Wireless and its former attorneys liable for helping Henderson present a false claim. The parties were ordered to come up with a specific amount due to HTC in attorney fees and costs but were unable to agree on a figure.

PLAINTIFFS' CONTENTIONS:
Intellect Wireless and its former attorneys Raymond Niro, Paul Vickrey, Paul Gibbons, and David Mahalek contended the fee award amount should be $3.7 million.

DEFENDANTS' CONTENTIONS:
HTC contended that the fee award should be $4,098,286.40 and that Henderson, as owner and principal of Intellect Wireless, should be held personally liable.

Result

The court found in favor of defendants on their fee motion and against plaintiffs, awarding HTC $4,090,030.53 in attorney fees, costs, expenses, and prejudgment interest on the costs and expenses. It found attorneys Niro, Vickrey, Gibbons and Mahalek jointly and severally liable but declined to find Henderson liable because HTC did not raise the issue previously.

Other Information

FILING DATE: May 14, 2009.