Fed. Circ. Fee Ruling Arms Foes Of 'Patent Troll' Bills

Law360, New York (January 6, 2014, 7:41 PM EST) -- A recent Federal Circuit ruling will make it easier for defendants to win attorneys' fees from plaintiffs who bring unsuccessful patent suits, potentially sending a message to Congress that it is not necessary to pass proposed laws requiring such fee-shifting in more cases, attorneys say.

In its Dec. 26 ruling in Kilopass Technology Inc. v. Sidense Corp., the appeals court held that defendants need not produce what it called "smoking gun" evidence that an unsuccessful patent suit was brought in bad faith in order to win...
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