Perspective
Mar. 7, 2014
Easier fee shifting in patent cases, maybe
The U.S. high court recently heard oral argument in two patent cases that could make it much easier for prevailing defendants to recoup their attorney fees. By Ben M. Davidson
The Supreme Court recently heard oral argument in two patent cases that could make it much easier for prevailing defendants to recoup their attorney fees from losing plaintiffs. Unlike the rule applied in English courts, which require losing parties to pay their opponent's attorney fees, the American rule has long been that a prevailing party must bear its own fees. When Congress enacted the current Patent Act in 1952, it generally followed...
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