One Year On, Octane Causing More Hard-Fought Patent Cases

Law360, New York (May 1, 2015, 5:00 PM EDT) -- It has been one year since the U.S. Supreme Court's Octane Fitness ruling made it easier for courts to require losing parties in patent cases to pay their opponents' fees, and attorneys say the new standard is spurring more companies to fight suits they think are baseless rather then settle to avoid legal costs.

A year ago Wednesday, the high court threw out an old standard that set a high bar for prevailing parties to show they are entitled to fees, and held that fees are appropriate in exceptional cases that "stand out from others." Fees were so rarely awarded before...

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