The U.S. Supreme Court on Wednesday wrestled with what makes an “exceptional” patent case justifying an attorney fee award—and appeared dissatisfied with the options available.
The justices heard arguments in a double-header challenging the U.S. Court of Appeals for the Federal Circuit’s definition of an “exceptional” case and its use of de novo review (as if no prior trial was held) of district court’s decisions on the shifting of attorney fees.
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