Counsel: Federal Circuit Right to Clarify Attorney Fee Challenge

Getting attorney fees covered is difficult according to many US attorneys. A recent ruling from the Federal Circuit amplified this assertion when the court ruled in OneSubsea v FMC Technologies that the District Court for the Southern District of Texas didn’t abuse its discretion by denying GMC’s motion for attorney fees under Section 285 in Title 35 of the US Code.

Finnegan partner Lionel Lavenue told Managing Intellectual Property that he has sympathy for FMC because a new judge doesn’t always have the full “feel” of the case for the purpose of determining whether it’s exceptional.

“That was an interesting and novel position for FMC to take, but the ruling by the court is certainly not surprising if not even expected,” Lionel said.

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