The explosion in the number of patent infringement cases filed over the past decade—from about 3,000 in 2003 to about 6,500 in 2013—and their attendant costs has prompted criticism of the ground rules governing patent litigation. One such criticism is that the standard for awarding attorney fees to prevailing parties is too high, causing companies to incur substantial costs defending meritless infringement claims.
Two U.S. Supreme Court decisions earlier this year, Octane Fitness v. ICON Health & Fitness and Highmark v. Allcare Health Management System, lower the bar for obtaining attorney fees in patent cases. Although these decisions make the award of attorney fees more discretionary and seemingly easier to obtain, it is doubtful that they will substantially affect decisions whether to bring suit.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
