Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest

Attorneys' Fees

Section 285 of the Patent Act permits a court to award reasonable attorney fees to the prevailing party in exceptional cases. Under Octane Fitness an exceptional case is simply one that stands out from others, either in the substantive strength of a party's litigating position or in the unreasonable manner in which the case was litigated, and the question is committed to the district court's discretion on a preponderance of the evidence. Fee awards may also rest on sanctions authority or on a finding of bad faith. The opinions collected here address whether a case is exceptional, the amount of any award, and appellate review of both determinations.

273 opinions and orders, showing 1–200.