Which Makes Them Pay: Winning Attorney Charges in Patent Litigation

Which Makes Them Pay: Winning Attorney Charges in Patent Litigation

 

Which Makes Them Pay: Winning Attorney Charges in Patent Litigation

In many litigation, all parties pays its very own attorney charges and charges, whatever the results of the situation. The Patent Act of 1952, however, permitted to have an award of charges towards the prevailing party in patent litigation in “exceptional cases” in the discretion from the trial court.

Precisely what is definitely an “exceptional” situation? For several years after adoption from the Patent Act, courts considered the totality from the conditions from the situation for making See more In many litigation, all parties pays its very own attorney charges and charges, whatever the results of the situation. The Patent Act of 1952, however, permitted to have an award of charges towards the prevailing party in patent litigation in “exceptional cases” in the discretion from the trial court.

Precisely what is definitely an “exceptional” situation? For several years after adoption from the Patent Act, courts considered the totality from the conditions from the situation for making fee-shifting decisions. Fee-shifting awards under this standard were unusual, although not exceedingly rare. That altered in 2005 using the Federal Circuit’s Brooks Furniture Mfg., Corporation. ruling, which adopted a significantly stricter standard. Underneath the Brooks Furniture standard, fee awards in patent cases grew to become rare indeed.

The conventional altered all over again in May 2014 within the U.S. Supreme Court’s ruling in Octane Fitness, LLC v. Icon Health & Fitness, Corporation., getting it nearer to the plain-language concept of “exceptional” and considerably decreasing the burden for defendants to demonstrate that fee-shifting is justified.

Pay attention to this web seminar recording – including lawyers who lately acquired the biggest fee award up to now within the publish-Octane atmosphere – to have an interactive discussion from the impact from the new standard and just what it might mean for plaintiffs and defendants in patent litigation.

Dennis Lynch, Chief Litigation Counsel for Tyco Worldwide, also became a member of this panel of Pepper partners to include the client’s perspective towards the discussion. See less –

 

Flanders

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