- Expert witness
section 285
Federal Circuit Eases Test for Fee-Shifting in Patent Cases Ahead of Supreme Court Ruling
By Barry Barnett on
Patent law allows a trial court to make the losing party pay the winner's attorneys' fees but only in "exceptional cases". 35 U.S.C. 285. What counts as "exceptional", you say? Good question.
The U.S. Supreme Court plans to answer it in Octane Fitness, LLC v. Icon Health & Fitness, Inc., No. 12-1184 (U.S.), which…