Attorney Fees, the PTAB and You: Recent Guidance Regarding Section 285 Fees Tied to PTAB Actions
February 18, 2021
Westlaw Today
By Anthony D. Del Monaco; Forrest A. Jones; Joseph M. Myles
Under exceptional circumstances, Section 285 of the Patent Act, 35 U.S.C.A. § 285, allows district court litigants to recover attorney fees from patent litigations. In district court litigation, this tool has been available for a long time, and there is significant guidance about when it is and is not appropriate.
However, with the America Invents Act (AIA) expansion of available post-grant procedures before the Patent Trial and Appeal Board, and the 2014 Octane Fitness decision making awards of attorney fees more available, litigants are increasingly turning to Section 285 even where the exceptional circumstances arise in other procedures.
Read more.
Tags
attorney fees, Patent Trial and Appeal Board (PTAB), 35 U.S.C. § 285, America Invents Act (AIA)
Downloadable Files
Related Offices
Related Professionals
- Joseph M. Myles
- Associate
- Washington, DC
- +1 202 408 4372
©2021 Thomson Reuters. Originally published by Westlaw Today. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.