Supreme Court Patent Rulings Shift Reform Debate

, Corporate Counsel

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Two U.S. Supreme Court decisions that give district courts more leeway in awarding attorney fees to prevailing parties in patent suits are being used as ammunition by opponents of patent reform.

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  • DB

    Assuming fee shifting will provide a solution is naive. The worst of the patent trolls are one- or two-patent legal entities who, of their patents are invalidated and fees awarded for the defense, just close up shop. Consider, for example, Kelora. The patent was invalidated, reissued, and invalidated again. Millions were awarded in fees to successful accused infringers (both defendants and Declaratory Judgment plaintiffs). Since Kelora had nothing else, they closed up shop. Nothing recovered, no deterrent because Kelora was set up that way.

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