Bloomberg Law
Sept. 9, 2020, 9:09 AM

Patent Attorneys’ Fee Hurdle Lower, Federal Circuit Rulings Show

Perry Cooper
Perry Cooper
Legal Reporter

Obtaining attorneys’ fees in patent cases is a lot easier than it used to be, as several recent Federal Circuit decisions show.

The default rule in American litigation is that parties pay their own way, but fees can be awarded in “exceptional” patent cases. Meeting that standard used to apply only in cases involving material misconduct, or an objectively baseless complaint brought in bad faith.

The Supreme Court lowered that bar in a 2014 decision, which empowered trial courts to make the loser pay the winner’s fees in any patent case that “stands out from others.”

Since then, “the ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.