The Latest On Fee-Shifting In Patent Cases

Law360, New York (February 19, 2014, 6:08 PM EST) -- As Congress and the judiciary consider strategies for curbing perceived abuses of the patent system, the practice of fee-shifting — requiring the losing party to pay the prevailing party’s attorneys’ fees — in patent litigation has recently received renewed attention.

The fee-shifting provision in the patent statute, located at 35 U.S.C. § 285, has existed in its current form since 1952:

The court in exceptional cases may award reasonable attorney fees to the prevailing party.

Under the current statute, only cases that qualify as “exceptional” are...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.