Attys' Fees Test Case Could Chill Valid Patent Claims

Law360, San Diego (October 1, 2013, 10:40 PM EDT) -- The U.S. Supreme Court has agreed to weigh whether the Federal Circuit is applying too rigid a standard for awarding attorneys’ fees in "exceptional" patent cases, and attorneys say that while a decision to relax the test could deter frivolous suits by so-called patent trolls, it also could dissuade some meritorious claims by individual inventors. 

The high court indicated Tuesday that it will review whether the lower court erred when it affirmed that a patent case against Octane Fitness LLC was not “exceptional” enough to warrant...
To view the full article, register now.

Law360 UK

UK Financial Services

Read Our Latest UK Legal News & Analysis

Financial Services Law360 UK and Insurance Law360 UK provide breaking news and in-depth analysis on U.K. and European Union regulation, enforcement, legislation, and litigation involving banks, investment firms, insurers, and more.