Justices Seem Skeptical Of USPTO's Attorney Fee Arguments

Law360 (October 11, 2019, 6:56 PM EDT) -- The so-called American Rule, as the name suggests, is a legal doctrine unique to the U.S. It sets the American system apart from other common law countries, such the U.K., Australia and Canada, by requiring each party to bear its own costs of litigation.

Proponents argue that it promotes access to justice because potential plaintiffs are not deterred from exercising their legal rights by the risk of paying defendants’ legal costs. Yet, those who characterize the U.S. as an unreasonably litigious society frequently consider this rule to be one of the enablers of frivolous litigation.

Many detractors of the American Rule,...

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