Two years of data since the Supreme Court's 'Octane Fitness' ruling show fees are flowing but Intellectual Ventures and other big NPEs haven't been hit.
April 30, 2016 at 07:29 PM
1 minute read
The original version of this story was published on The Recorder
It’s been two years since the U.S. Supreme Court rewrote the rules for fee-shifting in patent cases and opened the door for companies to more easily recover millions of dollars in any patent case that “stands out from others.”
Data compiled by The Recorder suggests that judges have been actively using the tool, though perhaps not exactly the way patent reform advocates had hoped—to make litigation more expensive for nonpracticing entities, often labeled “patent trolls.”
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