Appeals Court Clarifies Attorney Fees Awards in Patent Cases

The court responsible for handling patent appeals clarified when a losing party should pay the other side’s attorneys’ fees, in two decisions involving security equipment June 5.

Critics of abusive patent litigation say attorneys’ fees are an important deterrent to nuisance patent lawsuits.

In both cases, the U.S. Court of Appeals for the Federal Circuit reversed the trial court ruling. The decisions provide guidance on how to apply 35 U.S.C. § 285, which allows courts to award attorneys’ fees to the winning party in “exceptional” cases (Checkpoint Sys. Inc. v. All-Tag Sec. S.A., Fed. Cir., 16-1397, 6/5/17