Meritas Capability Webinar - Controlling Where to Fight and Who Pays for it?
In most litigation, each party pays its own attorney fees and costs, regardless of the outcome of the case. The Patent Act of 1952, however, allowed for an award of fees to the prevailing party in patent litigation in...more
Intellectual property litigation is expensive for both the plaintiff and defendant. However, because defendants are required to defend themselves in a lawsuit—in comparison to a plaintiff who has the choice to file and...more
Addressing the degree to which litigation conduct can preclude the recovery of fees under 35 U.S. C. § 285, the U.S. Court of Appeals for the Federal Circuit vacated the denial of a fee award, finding that sloppy litigation...more
Fee-shifting in patent infringement suits has been authorized by statute since 1952, for application in “exceptional cases.” For the past nine years, that statute has not often been applied as a result of the Federal...more
In the recent cases OCTANE FITNESS, LLC v. ICON HEALTH & FITNESS, INC. and HIGHMARK INC. v. ALLCARE HEALTH MANAGEMENT SYSTEM, INC., the U.S. Supreme Court empowered district court judges to award attorney fees to prevailing...more