Taylor v. Comissioner Lee of the U.S. Patent and Trademark Office

Filing 107

MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 11/6/2017. (dest, )

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

Alexandria Division

WILLIAM MICHAEL FREDERICK TAYLOR,

Plaintiff,

l:15-cv-1607 (LMB/JFA)

V.

JOSEPH MATAL, performing the functions and
duties of Under Secretary of Commerce for
Intellectual Property and Director of the United
States Patent and Trademark Office,
Defendant.

WILLIAM MICHAEL FREDERICK TAYLOR,

Plaintiff,

l:15-cv-1684 (LMB/JFA)

V.

JOSEPH MATAL, performing the functions and
duties of Under Secretary of Commerce for
Intellectual Property and Director of the United
States Patent and Trademark Office,
Defendant.

WILLIAM MICHAEL FREDERICK TAYLOR,

Plaintiff,

l:16-cv-12 (LMB/JFA)

V.

JOSEPH MATAL, performing the functions and
duties of Under Secretary of Commerce for
Intellectual Property and Director of the United
States Patent and Trademark Office,
Defendant.

applications at issue, the separate PTAB opinions affirming denial of the applications, and
plaintiffs new evidence in support of patentability, as well as preparing his own 80-page report
and being deposed. See Def.'s Mot., Ex. 3. His hourly rates of $250 per hour for preparing his
report and $350 per hour for appearing at a deposition are not unreasonable. See, e.g." NantKwest,
Inc. v. Lee, 162 F. Supp. 3d at 546 (finding expert witness rates of between $800 and $1,000 not
excessive). Id. On this record, the Court finds that the USPTO's expert expenses are reasonable
and must be paid by plaintiff.
III.

CONCLUSION

For the reasons stated above, in an order to be issued with this Memorandum Opinion,
plaintiffs Motions for Reconsideration Case No. 15-cv-1607, [Dkt. No. 107]; Case No.
15-cv-1684, [Dkt. No. 106]; Case No. 16-cv-12, [Dkt. No. 99] will be denied and defendant's
Motions for Expenses, Case No. 1:15-cv-1607, [Dkt. No. 103]; Case No. 1: 15-cv-1684, [Dkt. No.
100]; Case No. 1:16-cv-12, [Dkt. No. 95], will be granted in part and held in abeyance as to
personnel expenses.
Entered this iL_ day of November, 2017.
Alexandria, Virginia

Leonie M. Brinkema
United States District Judge

11