January 26, 2016 Top Story

Attorney Fees Becoming More Common in Patent Cases

Court follows trend to apply "holistic" approach to award $4.1 million in attorney fees

Cynthia Ford

Attorney fees awards are becoming more common in patent cases. A federal district judge awarded more than $4.1 million in such fees in a patent infringement case under 35 U.S.C. § 285, which allows attorney fees “in exceptional cases.” Universal Elecs., Inc. v. Universal Remote Control, Inc. This award illustrates the trend to liberalize standards for finding a patent case to be “exceptional,” due at least in part to the abuse-of-discretion review standard announced in the U.S. Supreme Court’s twin 2014 decisions Highmark Inc. v. Allcare Health Management System, Inc. and Octane Fitness, LLC v. ICON Health & Fitness, Inc.

Premium Content For:
  • Litigation Section
Join - Now