Claims Court Clears Cobwebs For Fee Shifting In Patent Cases

Law360 (July 29, 2019, 10:07 AM EDT) -- The U.S. Court of Federal Claims may grant attorney fees to certain patent owners who successfully litigate infringement claims against the federal government. The claims court obtained this authority in 1996 but did not exercise it until March 2019, when it granted Hitkansut LLC $4.4 million in fees on top of a $200,000 damages judgment.[1]

And though more than two decades elapsed before that first fee award, the second followed just three months later. On June 27, 2019, on the back of a $12.4 million damages judgment, the claims court granted FastShip LLC $7.1 million in fees and costs.[2] Do these...

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