An International Look at Attorneys' Fee Awards in Patent Litigation
10:30 AM EST
Attorneys’ fee awards in US patent litigation is a highly debated topic. While Octane Fitness and Highmark have set the standard for attorneys’ fee awards in the US, it is helpful to contrast the US approach with so called “loser pays” jurisdictions. We will look to patent litigation in Canada, the UK, and Germany to discuss (1) the proper venues for patent disputes; (2) starting assumptions for attorneys’ fee awards in patent cases; (3) factors considered in awarding attorneys’ fees and quantum of awards; and (4) the process for obtaining an attorneys’ fee award.
Michael S. Tomsa, McAndrews, Held & Malloy Ltd, Chicago, IL
Tom Foster, Gowling WLG (UK) LLP, London, England
Sponsored by: ABA YLD Intellectual Property Committee