United States District Court, W.D. North Carolina, Asheville Division
MEMORANDUM OF DECISION AND ORDER
Reidinger United States District Judge.
MATTER is before the Court on the Plaintiff's Motion for
Attorney's Fees and Costs [Doc. 56].
September 1, 2015, the Plaintiff Agio International Company,
Ltd. (“Agio”) filed its original complaint
against the Defendant JMH Trading International Management
LLC d/b/a World Source (“JMH”),  asserting a claim
of infringement of U.S. Patent No. 6, 585, 323 (“the
‘323 Patent”). [Doc. 1]. On December 29, 2015,
Agio filed an Amended Complaint, adding Zhejiang Longda Force
Co. Ltd. (“Longda”), a Chinese company, as a
defendant and amending its patent infringement claim to
include U.S. Patent 6, 293, 624 (“the ‘624
Patent”). [Doc. 5].
refused to waive service of process under Federal Rule of
Civil Procedure 4(d). Accordingly, Agio initiated formal
service of process of the Summons and the Amended Complaint
pursuant to the Hague Convention, to which the People's
Republic of China is a signatory. [See Doc. 26-1]. Despite
Agio's extensive and repeated efforts to effectuate
service, Longda failed to file a responsive pleading or
otherwise participate in the above-captioned action.
February 15, 2017, Agio moved for the entry of default
against Longda for failure to answer or otherwise plead in
response to Agio's Amended Complaint. [Doc. 26]. On
February 16, 2017, pursuant to Federal Rule of Civil
Procedure 55(a), the Clerk entered default against Longda.
March 1, 2019, Agio filed its Motion for Default Judgment
against Longda, requesting relief that included reasonable
attorneys' fees and costs. [Doc. 49]. On March 21, 2019,
the Court granted Agio's motion and entered a default
judgment against Longda. [Doc. 53]. In pertinent part, the
Court granted Agio an award of attorneys' fees and costs
and directed Agio to “submit evidence supporting a
discrete amount in reasonable fees and fixed costs.”
[Id. at 19]. Agio filed its present motion on April
4, 2019, seeking an award of attorneys' fees in the
amount of $108, 114.00 and an award of costs in the amount of
$1, 944.01. [Doc. 56].
calculating an award of attorneys' fees, the Court
typically applies the lodestar method, “which provides
a presumptively reasonable fee amount, by multiplying a
reasonable hourly rate by the reasonable No. of hours
required to litigate a comparable case.” Lumen View
Tech. LLC v. Findthebest.com, Inc., 811 F.3d 479, 483
(Fed. Cir. 2016) (citing Perdue v. Kenny A. ex rel.
Winn, 559 U.S. 542, 551 (2010)) (internal citation
omitted). The burden is on the fee applicant to justify the
reasonableness of the requested fee. Blum v.
Stenson, 465 U.S. 886, 895 n.11 (1984).
exercising its discretion in the application of this lodestar
method, the Court is guided by the following factors, known
within the Fourth Circuit as the “Johnson
(1) the time and labor expended; (2) the novelty and
difficulty of the questions raised; (3) the skill required to
properly perform the legal services rendered; (4) the
attorney's opportunity costs in pressing the instant
litigation; (5) the customary fee for like work; (6) the
attorney's expectations at the outset of the litigation;
(7) the time limitations imposed by the client or
circumstances; (8) the amount in controversy and the results
obtained; (9) the experience, reputation and ability of the
attorney; (10) the undesirability of the case within the
legal community in which the suit arose; (11) the nature and
length of the professional relationship between attorney and
client; and (12) attorneys' fees awards in similar cases.
Grissom v. The Mills Corp.,
549 F.3d 313, 321 (4th
Cir. 2008) (quoting Spell v. McDaniel, 824 F.2d
1380, 1402 n.18 (4th Cir. 1987)) (applying 12-factor test set
forth in Johnson v. Georgia Hwy. Express, Inc., 488
F.2d 714, 717-19 (5th Cir. 1974)). “Although the Court
considers all of the factors, they need not be strictly
applied in every case inasmuch as all of the factors are not
always applicable.” Firehouse Restaurant Group,
Inc. v. Scurmont, LLC, No. 4:09-cv-00618-RBH, 2011 WL
4943889, at *12 (D.S.C. Oct. 17, 2011) ...