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]...
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
A Law360 subscription includes features such as
- Daily newsletters
- Expert analysis
- Mobile app
- Advanced search
- Judge information
- Real-time alerts
- 450K+ searchable archived articles
And more!
Experience Law360 today with a free 7-day trial.