February 18, 2021
Westlaw Today
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.
attorney fees, appeals to the PTAB, Patent Trial and Appeal Board (PTAB), 35 U.S.C. § 285, America Invents Act (AIA)
©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.
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