Attorneys’ Fees in Patent Litigation Cases

In Octane Fitness LLC v. Icon Health Fitness Inc., the U.S. Supreme Court changed the test to determine whether attorneys’ fees should be awarded in patent litigation. The Supreme Court replaced the Federal Circuit’s standard (“objectively baseless” and “bad faith”) with a legal definition of exceptional. Although the Court’s ruling does not give guidance on the new standard for attorneys’ fees, the Supreme Court has opened the door wider to allow parties to seek attorneys’ fees at the conclusion of patent litigation. The new standard has created a potential shift in bargaining power when one party asserts that claims are frivolous. How much of an impact this shift has will become evident as courts work through the exceptionality test and determine when fee shifting is appropriate.

Source: http://www.insidecounsel.com/2014/05/02/recent-supreme-court-case-will-affect-patent-litig

For more information on this topic, please visit our patent litigation service page.

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.

Klemchuk LLP hosts Culture Counts, a blog devoted to the discussion of law firm culture and corporate core values with frequent topics about positive work environment, conscious capitalism, entrepreneurial management, positive workplace culture, workplace productivity, and corporate core values.