Gilead Sciences, Inc. v. Merck & Co, Inc. et al

Filing 446

ORDER REGARDING GILEAD'S MOTION FOR ATTORNEYS' FEES. Signed by Judge Beth Labson Freeman on 7/20/2016. (blflc3S, COURT STAFF) (Filed on 7/20/2016)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
7

GILEAD SCIENCES, INC.,

Case No. 13-cv-04057-BLF

Plaintiff,
8
v.

ORDER REGARDING GILEAD'S
MOTION FOR ATTORNEYS' FEES

9
10

MERCK & CO, INC., et al.,

[Re: ECF 434]

Defendants.

United States District Court
Northern District of California

11
12
Gilead is requested to provide the Court with a summary of hours expended on the major

13
14

tasks necessary to prosecute this action as set forth on the chart below. The Court expects that the

15

total number of hours will equal the hours set forth in the Motion for Attorney Fees. The

16

information requested will provide the Court with a clear understanding of the Lodestar amount

17

requested by Gilead and assist the Court in assessing the reasonableness of the hours expended.

18
19

Task

20

Pre-Suit Investigation

21

Drafting Initial Complaint

22

Discovery, including motions to

23

compel

24

Infringement/Invalidity

25

Contentions

26

Claims Construction

27

Motion for Summary Judgment

28

Trial Preparation

Booker

Hardin-Smith

Oakes

Flanagan

etc.

1

Trial

2

Miscellaneous (describe)

3

Total Hours

4
5

While the Court has suggested the above categories of tasks, Gilead may add or modify

6

categories as necessary to allow the Court to have a full understanding of the hours expended on

7

this action. The Court is only interested in the amount of hours spent per task and not in the

8

billing rate associated with those hours. If the Court decides attorneys’ fees are warranted, and

9

decides a reduction in hours is required for certain tasks, the parties will be expected to meet and

10

confer and agree on what rate should be applied to those hours (e.g. blended billing rate).

United States District Court
Northern District of California

11
12

The Court also orders Gilead to produce its full timekeeping records to Merck so that
Merck can evaluate the reasonableness of the fees sought by Gilead.

13
14

Gilead shall file the completed the chart with the Court and produce its billing records to
Merck by July 27, 2016.1

15
16

IT IS SO ORDERED.
Dated: July 20, 2016

17

______________________________________
BETH LABSON FREEMAN
United States District Judge

18
19
20
21
22
23
24
25
26
27
1

28

If the parties believe more time is necessary to assemble this information, they may file a
stipulation and proposed order setting out an appropriate schedule.
2