Patent Suit Query: When Should the Other Side Pay Attorney Fees

In the midst of an “ongoing discussion among the Obama administration, Congress, judges, and lawyers over how to discourage meritless patent infringement lawsuits,” the U.S. Supreme Court is considering whether to take up two “Federal Circuit cases in which litigants won their respective infringement lawsuits, but failed to garner attorney fees.” Finnegan partner Erik R. Puknys provided commentary, observing that “the Federal Circuit has great deference to decide on attorney fee awards if there is a legal dispute.” He also “stressed that the broader debate about Section 285 should not enter into whether the Supreme Court takes up either case.” “The standard of review doesn’t have any impact on the broader policy implications,” he said.