Clark v. The Walt Disney Company et al

Filing 68

Supplemental MOTION for Attorney Fees Pursuant To 35 U.S.C.§285 And 28 U.S.C§§1927 And 1961 by Defendant Jakks Pacific, Inc.. (Attachments: # 1 Declaration) (Kinsel, Grant)

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION AARON CLARK and JOHN PEIRANO, Plaintiffs v. THE WALT DISNEY COMPANY, et al Defendants. DECLARATION OF GRANT E. KINSEL

Case No. 08 cv 0982 Hon. John D. Holschuh

DECLARATION OF GRANT E. KINSEL CASE NO. 09-5128 72341-0001/LEGAL17282126.1

I, Grant Kinsel, declare: 1. I make this declaration on the basis of personal knowledge, and if called to testify

as a witness, I would and could testify competently hereto. 2. I am lead counsel of record for the Defendants in this matter, and I make this

declaration in support of JAKKS Pacific, Inc.'s ("JAKKS") Supplemental Motion for Attorneys' Fees Pursuant to 35 U.S.C. § 285. I was also the billing attorney for this matter, and reviewed all invoices sent to JAKKS in connection with this matter. 3. Attached as Exhibit "1" is a true and correct copy of a spreadsheet that I prepared

based on the invoices I sent to JAKKS in connection with this matter. To prepare Exhibit 1, I reviewed all of the invoices sent to JAKKS, true and correct copies of which are attached as group Exhibit "3." I added hours to the various categories reflected in Exhibit 1 based on the descriptions contained in the invoices. In circumstances where an entry related to more than one category, I allocated the entry to a particular category based on my personal knowledge of what I and others were doing in the litigation at the time. I did not attempt to allocate block billed entries among the various categories, but rather, included the entire block into the categories where I believed most of the time for particular entries were spent. 4. Attached as Exhibit "2" is a true and correct copy of a spreadsheet that I prepared

based on the invoices sent to JAKKS in connection with this matter. I prepared this spreadsheet by adding all of the costs reflected in the invoices, with the exception of the costs that are included in the Bill of Costs filed concurrently with this Motion, and attached as Exhibit "6." Thus, Exhibit 2 reflects all costs billed to JAKKS, except those costs included in the Bill o f Costs, which are separately recoverable.

DECLARATION OF GRANT E. KINSEL CASE NO. 09-5128 72341-0001/LEGAL17282126.1

5.

Attached as Exhibit "4" is a true and correct copy o f the declaration filed in

support of defendants' request for attorneys' fees in Applied Materials, Inc. v. Multimetrixs, LLC, No. C 06-07372 MHP, 2009 U.S. Dist. LEXIS 44061, (N.D. Cal May 26, 2009). 6. Attached as Exhibit "5" are true and correct copies of excerpts from the American

Intellectual Property Law Association's Report of the Economic Survey for 2009. I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed November 10, 2009, at Los Angeles, California. /s/ Grant Kinsel

-272341-0001/LEGAL17282126.1

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