U.S. Supreme Court,
Intellectual Property
Apr. 21, 2015
Patent damages adrift from law
Recent decisions revising the standard for obtaining attorney fees in patent cases have cast doubt on the Federal Circuit's standard for assessing whether a plaintiff can recover enhanced damages.
The U.S. Supreme Court's recent decisions revising the standard for obtaining attorney fees in patent cases have cast doubt on the U.S. Court of Appeals for the Federal Circuit's standard for assessing whether a plaintiff can recover enhanced (punitive) patent infringement damages.
The relevant statutory provisions are strikingly similar. 35 U.S.C. Section 285 says, "the court in exceptional cases may award reasonable attorney fees to the prevailing party," while Section 284 ...
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