# Opinion

> District Court, E.D. Louisiana · March 5, 2026

URL: https://www.frixlaw.com/law-library/cases/11273034

## Case

- **Full name:** Wilco Marsh Buggies and Draglines, Inc. v. Weeks Marine, Inc.
- **Court:** District Court, E.D. Louisiana
- **Decided:** March 5, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

WILCO MARSH BUGGIES AND CIVIL ACTION
DRAGLINES, INC.
NO. 20-3135
VERSUS
SECTION: “J”(1)
WEEKS MARINE, INC.
ORDER & REASONS
Before the Court is Defendant Weeks Marine, Inc.’s Renewed Motion for
Attorneys’ Fees and Expenses Under 35 U.S.C. § 285 (Rec. Doc. 216). Plaintiff Wilco
Marsh Buggies & Draglines, Inc. has filed an opposition thereto. (Rec. Doc. 219).
Weeks has also filed a reply. (Rec. Doc. 220). Having considered the motion and legal
memoranda, the record, and the applicable law, the Court finds that the motion
should be GRANTED in part and DENIED in part.
FACTS AND PROCEDURAL BACKGROUND
The Court has detailed the facts of this case in prior Order and Reasons and
will provide an abridged version here. In 2003, Wilco was granted the 801’ Patent,
which concerns an amphibious vehicle, also known as a marsh buggy, with excavation
capabilities. (Rec. Doc. 1, at 3). The unique feature of the 801’ Patent is that it adds
spuds to the sides of the marsh buggy. (Rec. Doc. 32, at 2–3). These spuds utilize
retractable pilings that extend to the water’s bottom to stabilize the marsh buggy
while operating in deeper water. Id.
After Wilco patented this technology, a Malaysian company, EIK Engineering
(“EIK”), allegedly began selling copies of Wilco’s amphibious vehicle in the U.S.
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market. (Rec. Doc. 1, at 4-5). The copies allegedly contained Wilco’s patented spud
system. Id. Wilco struggled to litigate with EIK, so it instead sued Weeks, one of
EIK’s customers. (Rec. Doc. 32, at 5).

Wilco filed the instant suit in this Court in November 2020, seeking a
declaration of infringement and damages. (Rec. Doc. 1). In November 2022, Weeks
filed a motion for summary judgment, arguing (among other things) that the asserted
claims are invalid as anticipated by a prior art amphibious excavator called the
MudMaster, manufactured by a non-party company. This Court, on reconsideration,
agreed with Weeks and granted summary judgment that the ‘801 patent was invalid

as anticipated by the MudMaster. Wilco then appealed to the Federal Circuit, which
affirmed this Court’s decision in August 2025, finding that the MudMaster
anticipated the 801’ Patent’s claims.
Weeks now seeks attorney’s fees, which this Court has the power to award
pursuant to 35 U.S.C. § 285. (Rec. Doc. 216). Wilco opposes. (Rec. Doc. 219).
LEGAL STANDARD
35 U.S.C. § 285 provides that “[t]he court in exceptional cases may award

reasonable attorney fees to the prevailing party.” A case is exceptional when it
“stands out from others with respect to the substantive strength of a party’s litigating
position . . . or the unreasonable manner in which the case was litigated.” Octane
Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. 545, 554 (2014). District courts
may determine exceptionality “in the case-by-case exercise of their discretion,
considering the totality of the circumstances.” Id. In deciding whether a case is

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exceptional, district courts may consider various factors such as: “frivolousness,
motivation, [and] objective unreasonableness . . .” Id. at 1756, n.6 (citing Fogerty v.
Fantasy, 510 U.S. 517, 534 n. 19 (1994).

DISCUSSION
As the patentholder, Wilco is entitled to a presumption of good faith in
asserting its patent rights against Weeks in the form of a suit for infringement. See
Stone Basket Innovations, LLC v. Cook Medical LLC, 892 F.3d 1175, 1180 (Fed. Cir.
2018); Checkpoint Sys., Inc. v. All-Tag Sec. S.A., 858 F.3d 1371, 1376 (Fed. Cir. 2017).
Weeks cites three cases for the proposition that this good faith presumption should

be rebutted, but none of them are analogous to this case.
In Raymond, the patentee admitted that he had publicly sold the product at
issue for years prior to seeking the patent. Raymond v. Blair, No. 09–5507, 2012 WL
1135911, at *4 (E.D. La. Apr. 4, 2012). The court recognized that under U.S. patent
law “a person is not entitled to a patent for an invention if it was in public use or on
sale in the United States for more than one year prior to the date of the patent
application.” Id. at n. 2. The court also found that the patentee was put on notice of

potential invalidity when the issue was raised by defendants in their motion to
dismiss. Id. Here, Wilco did not publicly sell its marsh buggies prior to seeking its
patent. Further, Wilco was not put on notice like the plaintiff in Raymond because
Weeks never filed a motion to dismiss on patent invalidity grounds. Thus, the Court
finds this case to be unavailing.

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In Flowrider, the Patent Trial and Appeal Board (“PTAB”) invalidated the
plaintiffs’ patent during litigation. Flowrider Surf, Ltd. v. Pac. Surf Designs, Inc., No.
15–1879, 2020 WL 907058, at *1 (S.D. Cal. Feb. 25, 2020). Here, the PTAB never

invalidated Wilco’s patent, and this Court decided to invalidate Wilco’s patent only
after initially denying Weeks’ motion for summary judgment. (Rec. Doc. 144).
Therefore, the Court finds this case to be distinguishable and unavailing.
In Inventor, the court found that the case was exceptional because the plaintiff
continued pursuing a patent infringement claim despite the Supreme Court’s decision
in Alice Corp. Pty. Ltd. v. CLS Bank Intern., 573 U.S. 208 (2014), which held that the

concept the plaintiff relied on for its patent was patent ineligible. Inventor Holdings,
LLC v. Bed Bath & Beyond Inc., No. 14–448, 2016 WL 3090633, at *3 (D. Del. May
31, 2016) (“The case at hand is an exceptional case because following the Alice
decision, [plaintiff’]’s claims were objectively without merit.”). Here there was no such
controlling case law which would have put Wilco on notice that its patent was invalid.
Thus, the Court finds this case to be unavailing. Accordingly, the Court continues its
analysis with a presumption that Wilco was in good faith when asserting its patent

rights.
Weeks argues that there are three separate starting points during which this
case became exceptional and necessitated awarding attorney’s fees. First, Weeks
argues that the case was exceptional from the litigation’s outset. (Rec. Doc. 216-1, at
11). Second, Weeks argues that this case became exceptional when Wilco received
Weeks’ invalidity contentions. Id. at 17. Third, Weeks argues that the case became

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exceptional following Wilco’s expert William Bennett’s November 2022 deposition. Id.
at 18.
A. The Outset of Litigation

Weeks argues that this case was exceptional from the moment Wilco filed suit.
Id. at 16. Weeks contends that because Wilco possessed and reviewed the Harada and
Zong references before filing suit, it could not reasonably believe that its patent was
valid. Id.
Wilco argues that its belief in its patent validity was reasonable because the
United States Patent and Trademark Office (USPTO) rejected challenges to Wilco’s

801 patent based on the Harada and Zong references on three separate occasions. Id.
at 13. As additional support for the reasonableness of Wilco’s belief in its patent
validity, Wilco notes that this Court originally denied summary judgment after
considering the Harada and Zong references. Id. at 13–14.
Before Wilco filed suit, EIK thrice challenged Wilco’s ‘801 Patent. In each
challenge, EIK argued that the ‘801 Patent was obvious in light of the Harada and
Zong references. Each time, the USPTO rejected these challenges. Weeks argues that

this rejection was insufficient because the PTAB never addressed the merits of EIK’s
challenges based on Harada and Zong. (Rec. Doc. 216-1, at 10).
The Court disagrees. The PTAB declines to institute inter partes review of a
patent “unless . . . there is a reasonable likelihood that the petitioner would prevail
with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a).
In this case, the PTAB declined to institute an inter partes review of the ‘801 Patent

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because EIK failed “to identify with particularity the evidence that supports the
grounds for each challenge to each claim.” EIK Engineering SDN. BHD., v. Wilco
Marsh Buggies & Draglines, Inc., IPR2020-00344, Paper 7, at 2 (P.T.A.B. June 23,

2020). Thus, while the PTAB did not address the merits of EIK’s challenge based on
the Harada and Zong references, it nevertheless rejected EIK’s challenge and found
it unlikely that EIK would prevail. Id. Based on this rejection, the Court is unwilling
to say that Wilco was unreasonable in believing its patent was valid. Further, that
EIK failed to identify with particularity the reason why the Harada and Zong
references rendered the patent invalid suggests that the ‘801 Patent’s invalidity was

not as obvious as Weeks contends. Equally telling is Weeks’ failure to file a motion to
dismiss, and the Court’s initial refusal to grant summary judgment based on the
Harada and Zong references. (Rec. Doc. 144, at 17–19). Accordingly, the Court finds
that this case was not exceptional from the outset of litigation.
B. Receipt of Invalidity Contentions
Weeks next argues that the litigation became exceptional when it served Wilco
its amended invalidity contentions containing the MudMaster, a spud-equipped

amphibious vehicle that was sold before the grant of Wilco’s ‘801 Patent. (Rec. Doc.
216-1, at 17). Weeks contends that Wilco could not have reasonably continued to
pursue its patent infringement claim after receiving notice of the MudMaster. Id. at
18.
Wilco argues that its legal position continued to be reasonable despite receiving
notice of the MudMaster. (Rec. Doc. 219, at 14). In support of its argument, Wilco

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contends that Weeks continued to change its legal defense position on the MudMaster
throughout the course of litigation, and that the Court initially denied summary
judgment despite the MudMaster reference. Id.

The Court finds that Wilco’s position became objectively unreasonable
following disclosure of the MudMaster. The MudMaster anticipates every claim of the
‘801 Patent. Throughout the litigation, Wilco never disputed this. Instead, Wilco
relied on a mischaracterization of the law and futile challenges to the admissibility
of the MudMaster prior art as evidence. As the Court noted before granting summary
judgment:

Tellingly, Wilco does not actually attempt to argue in its
opposition to Weeks’ motion to reconsider that there are differences
between the MudMaster and the ‘801 Patent. Instead, Wilco again
focuses on its arguments concerning the reliability of the evidence
relating to the 1980 sale. Even in its opposition to Weeks’ initial motion
for summary judgment, Wilco did not seriously attempt to argue that
the MudMaster was different from the ‘801 Patent in any way. Instead,
Wilco focused on arguing that the documentation relied on by Weeks
was inadmissible, an argument which the Court rejected, and on
arguing that the documents produced by Weeks could not constitute a
singular reference, an argument which this Court now acknowledges to
be legally unsound.

Wilco Marsh Buggies and Draglines, Inc. v. Weeks Marine, Inc., 2023 WL
4624744, at *4 (E.D. La. Jul. 19, 2023). Whatever merit Wilco had in asserting its
patent disappeared following disclosure of the MudMaster. Even in its opposition to
the instant motion, Wilco does not argue that it ever had reason to believe that the
MudMaster differed from the ‘801 Patent in any meaningful way.
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Wilco’s only arguments in support, that Weeks changed its legal position on
the MudMaster throughout the course of litigation, and that the Court initially
denied summary judgment, are unavailing. In its first amended final invalidity

contentions, Weeks disclosed various MudMaster publications as well as a sale of the
MudMaster product prior to the ‘801 Patent. (Rec. Doc. 76). From that point on,
Weeks consistently argued that the MudMaster anticipated every claim of the ‘801
Patent, whether it be the 1980 MudMaster sale this Court relied on in granting
summary judgment, or the 1993 MudMaster sale the appellate court relied on in
affirming that decision. While Weeks’ expert changed his original position on what

constituted the MudMaster’s chassis, the Court does not find this distinction to be
significant.
Wilco’s reliance on this Court’s original denial of summary judgment is also
misplaced. The Court initially denied summary judgment based on Wilco’s
mischaracterization of the law. In first opposing summary judgment, Wilco
incorrectly argued that Weeks could not use multiple references of the MudMaster to
demonstrate that the ‘801 Patent was invalid by anticipation because it violated “the

fundamental rule that a single reference must disclose every element of the
challenged patent.” (Rec. Doc. 127, at 17). The Court relied on this faulty argument
and mischaracterization of the law when it initially denied summary judgment. Wilco
Marsh Buggies and Draglines, Inc. v. Weeks Marine, Inc., 2022 WL 17830468, at *7
(E.D. La. Dec. 21, 2022). However, in opposing Weeks’ motion for reconsideration,
Wilco abandoned this argument, conceding that the Court should have instead

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considered the MudMaster machine itself as prior art and looked to other references
as evidence to describe it. Wilco, 2023 WL 4624744, at *2. The Court found the law’s
correct application dispositive and granted summary judgment in Weeks’ favor.

In sum, Wilco has not argued that the MudMaster differs from the ‘801 patent
in any meaningful way. The Court initially denied summary judgment because Wilco
mischaracterized the law. Wilco cannot rely on this Court’s mistake as evidence of
the strength of its argument. Accordingly, the Court finds that Wilco’s position
became objectively unreasonable and exceptional following the MudMaster’s
disclosure.

II. Attorney’s Fees
Having found Wilco’s actions to be exceptional, the Court now determines a
reasonable award of attorney’s fees. In the Fifth Circuit, a two-step method
determines the reasonable award of attorney’s fees. Combs v. City of Huntington,
Texas, 829 F.3d 388, 391 (5th Cir. 2016). First, the court calculates the lodestar, the
reasonable number of hours for the work multiplied by the prevailing community
rate. Id. (citation omitted). This calculation yields a “strong presumption” of the

reasonable fee. Heidtman v. Cnty. of El Paso, 171 F.3d 1038, 1044 (5th Cir. 1999)
(citing City of Burlington v. Dague, 505 U.S. 557). Second, the court may exercise its
discretion and adjust the lodestar based on the Johnson factors. Rodney v. Elliot Sec.
Sols., L.L.C., 853 F. App’x 922, 924 (5th Cir. 2021); Johnson v. Georgia Hwy, Exp.,
Inc., 488 F.2d 714 (5th Cir. 1974). These factors include:
(1) the time and labor required;

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(2) the novelty and difficulty of the issues presented;
(3) the skill required to perform the legal skills properly;
(4) the preclusion of other employment by the attorney due to acceptance of the

case;
(5) the customary fee;
(6) whether the fee was fixed or contingent;
(7) time limitations imposed by the client or the circumstances;
(8) the amount involved and the result obtained;
(9) the experience, reputation, and ability of the attorneys;

(10) the undesirability of the case;
(11) the nature and length of the professional relationship with the client; and
(12) awards in similar cases.
Johnson, 488 F.2d at 717–19.
A. The Number of Hours Reasonably Spent
The Court must first determine if the hours requested by Weeks’ counsel were
reasonable considering the nature of the case and the work performed. The party

seeking fees bears the burden of proving the reasonableness of the requested hours.
Mota v. Univ. of Tex. Houston Health Science Ctr., 261 F.3d 512, 528 (5th Cir. 2001)
(citation omitted).
Here, Weeks requested $970,183.55 in attorneys’ fees for 2716.5 hours spent
in litigating this case after notifying Wilco about the MudMaster. Wilco fails to offer
any opposition to Weeks’ calculation of attorney’s fees, including no analysis of Weeks’

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submitted time sheets. This litigation continued for over three years following Weeks’
filing of its first amended invalidity contentions disclosing the MudMaster. (Rec. Doc.
1). The docket reflects substantial motion activity on behalf of both parties after this

notice, including two motions for summary judgment, oral arguments, and an appeal
to the federal circuit. (Rec. Doc. 144; Rec. Doc. 162; Rec. Doc. 179; Rec. Doc. 213).
Wilco has limited its request to fees incurred by the six primary attorneys who worked
on this case and removed 421.5 billable hours incurred by paralegals, librarians, and
additional attorneys. (Rec. Doc. 216-1, at 19). Accordingly, the Court finds that
Weeks’ billable hours calculation is reasonable.

B. Reasonableness of the Hourly Rate
Attorney's fees should be calculated at the “prevailing market rates in the
relevant community for similar services by attorneys of reasonably comparable skills,
experience, and reputation.” Blum v. Stenson, 465 U.S. 886, 895 (1984). As with the
reasonableness of hours spent, the burden of proving that the requested rate aligns
with the prevailing market rates falls on the party seeking the attorney's fees.
Wheeler v. Mental Health & Mental Retardation Auth. of Harris County, Tex., 752

F.2d 1063, 1073 (5th Cir. 1985).
Here, Weeks seeks fees at hourly rates ranging from $284–$444. (Rec. Doc.
216-1, at 22). Weeks asserts that these rates reflect a discounted rate charged by
Weeks’ counsel, Jones Walker LLP, due to Weeks’ longstanding attorney-client
relationship with Jones and due to Weeks eliminating numerous entries billed and

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paid by Weeks to avoid Wilco’s objections and facilitate a prompt determination of a
reasonable attorneys’ fees award. Id.
In support of reasonableness, Weeks points to the prevailing rates charged by

attorneys in the Eastern District of Louisiana for complex litigation. Id. Weeks also
presents the average rate charged for intellectual property attorneys, considering
their experience and the size of their firm. Id. at 23.
Based on the uncontested data, the average rate of awarded attorney’s fees in
this district from 2018–2023 range from $259–$450, which is proximate to the rate
charged and paid by Weeks. This rate becomes even more reasonable when

considering data from the American Intellectual Property Association’s 2023 Report
of the Economic Survey, which shows that the average rate for intellectual property
attorneys with 15–24 years of experience is $545, and the average rate for attorneys
with 25 or more years of experience is $610. Am. Intell. Prop. L. Ass’n, 2023 Report
of the Economic Survey 28 (2023). Further, when the law firms are comprised of more
than 100 attorneys, the average billing rate for intellectual property attorneys rises
to $650. Id. at 102. Based on the billable hours presented by Weeks, the legal defense

work in this case was performed by attorneys with experience ranging from 4–35
years, with the bulk of the work performed by the more experienced attorneys. (Rec.
Doc. 216-1, at 22). Jones has over 350 attorneys throughout its fifteen offices. Id. at
23. Wilco does not oppose the reasonableness of Weeks’ proffered attorneys’ fees.
Accordingly, the Court finds that Weeks has presented reasonable rates for attorneys

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of comparable skills within the community. The lodestar, therefore, is set at
$970,183.55.
C. Application of the Johnson Factors

Although there is a strong presumption that the lodestar figure is reasonable,
the Court still considers the Johnson factors before assessing a final quantum of
attorney's fees. Heidtman, 171 F.3d at 1043. This consideration need not be
“meticulously detailed,” yet all twelve factors must be clearly applied to the lodestar
figure. Saizan v. Delta Concrete Products Co. Inc., 448 F.3d 975 (5th. Cir. 2006). If a
Johnson factor has already been considered in the calculation of the lodestar figure,

the Court need not contemplate further adjustments on that basis. Id.
Here, the Court notes that neither party argues for an upward or downward
adjustment of the lodestar figure pursuant to the Johnson factors. Still, after careful
consideration of each of the Johnson factors, the Court finds there is no further need
to adjust the lodestar figure.
(1) Time and Labor Required
This factor was already accounted for in the Court’s consideration of the

lodestar figure.
(2) Novelty and Difficulty of the Issues Involved
The Court finds that the legal issues presented in this case were not novel.
However, Wilco’s initial misrepresentation of the law regarding prior art references
added legal difficulty to this action.

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(3) Skill Required
The Court finds that Weeks’ counsel skillfully handled Wilco’s litigation
behavior to obtain a positive result for Weeks. This supports the lodestar figure.

(4) Preclusion of Other Employment
Weeks’ counsel has not provided any evidence that this case forced them to
turn away other potential clients and cases due to the time and resources required.
(5) Customary Fee
This factor was already accounted for in the Court’s consideration of the
lodestar figure.

(6) Whether Fee is Fixed or Contingent
Weeks paid Jones a fixed fee based on the rates discussed. There is no risk of
Jones’ nonpayment. This factor cuts against any fee enhancement, and weighs in
favor of the current lodestar figure.
(7) Time Limitations Imposed by the Client or Circumstances of the
Case
This factor presents no clear application to this case.

(8) Amount Involved and Results Obtained
The degree of success obtained is the most important Johnson factor. Abner v.
Kansas City So. Ry. Co., 541 F.3d 372, 376–77 (5th Cir. 2008) (citing Johnson v. Ga.
Hwy. Exp., 488 F.2d 714, 717–19 (5th Cir. 1974)). Therefore, the Court finds that
Weeks’ counsel achieved complete success for their clients, and the lodestar figure
reflects an adequate level of compensation commensurate with that success.

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(9) Experience, Reputation, and Ability of Attorneys
This factor was already considered in the Court’s calculation of the lodestar
figure.

(10) Undesirability of the Case
This factor presents no clear application to this case.
(11) Nature and Length of the Professional Relationship with Client
This factor is intended to compensate attorneys who discount their fees to
longstanding clients. See Johnson, 488 F.2d at 719. Weeks contends that Jones
discounted its standard rate due to Jones’ longstanding relationship with Weeks.

Still, Weeks provides no proof of this longstanding relationship, and Weeks does not
request that the lodestar figure be adjusted upward pursuant to the Johnson factors.
(Rec. Doc. 216-1, at 24). Thus, the Court will not apply this factor.
(12) Awards in Similar Cases
This factor is neutral because the Court already considered attorney’s fees
awards in this district when calculating the lodestar figure.
Because it appears that none of the Johnson factors warrants an upward or

downward adjustment from the lodestar amounts, the Court finds that the final
lodestar figure of $970,183.55 is the correct award in this case.

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CONCLUSION
Accordingly,
IT IS HEREBY ORDERED that the motion is GRANTED in part and
DENIED in part. This case became exceptional under 35 U.S.C. §285 when Weeks
notified Wilco of the MudMaster on June 20, 2022.
IT IS FURTHER ORDERED that Wilco shall pay Weeks’ attorneys’ fees in
the amount of $970,183.55 for 2716.5 hours expended between June 21, 2022 to
August 19, 2025.
New Orleans, Louisiana, this 5th day of March, 2026.
MK Sahu
CARL J. BA inf RV
UNITED STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11273034. Public record. Not legal advice.