Best Medical International, Inc. et al v. Eckert & Ziegler Nuclitec GmbH

Filing 286

MEMORANDUM OPINION re: attorneys' fees and costs previously awarded to Eckert & Ziegler Nuclitec GMBH (EZN) and EZN's Motion for Supplemental Attorneys' Fees and Expenses. Signed by District Judge Claude M. Hilton on 04/29/13. (pmil)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

BEST MEDICAL INTERNATIONAL,
INC. and BEST VASCULAR, INC.
.

,'OUf

Plaintiffs/
Counter-Defendants
v.

Civil Action No.

l:10-cv-617

ECKERT & ZIEGLER NUCLITEC
GmbH

Defendant/
Counter-Plaintiff.
MEMORANDUM OPINION

This matter comes before the Court on remand from the

United States Court of Appeals for the Fourth Circuit ("Fourth

Circuit") as to the attorneys' fees and costs previously awarded
to Eckert & Ziegler Nuclitec GMBH ("EZN") by this Court.

The

Fourth Circuit affirmed this Court's grant of summary judgment
on the merits and ruling that EZN was the prevailing party, but
vacated the award of attorneys' fees and costs.

The matter has

been remanded with respect to the attorney's fees award in order
for this Court to reevaluate EZN's claim for attorneys' fees in
light of the Johnson factors.

See Barber v Kimbrell's Inc., 577

F.2d 216, 226 n. 28 (4th Cir. 1978) (adopting twelve factors set

forth in Johnson v. Ga. Highway Express, Inc., 488 F.2d 714 (5th