U.S. Supreme Court Agrees to Hear Two 'Exceptional Case' Appeals

, New York Law Journal


In their Patent and Trademark Law column, Robert C. Scheinfeld of Baker Botts and Parker H. Bagley of Boies, Schiller & Flexner write: On Oct. 1, 2013, the U.S. Supreme Court granted certiorari in two different patent infringement cases involving the issue of fee shifting in "exceptional cases" under 35 U.S.C. §285. Both of the cases involve fee awards sought against non-practicing entities, or so-called "patent trolls." Depending on how the court rules, it may become easier for defendants to recover their attorney fees when forced to defend "objectively baseless" infringement suits brought by patent trolls and others.

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