Why Patent Defendants Shouldn't Litigate Too Aggressively

Law360, New York (September 24, 2014, 9:51 AM EDT) -- The U.S. Supreme Court's recent Octane Fitness[1] decision is notable for having relaxed the Federal Circuit's exacting standard for awarding attorneys' fees to a defendant forced to litigate insubstantial infringement claims. But the decision was not a complete victory for defendants. The court's broad language arguably lowers the bar for finding a case "exceptional" and awarding fees and augmented damages where an infringer has asserted unusually weak defenses.[2]...

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