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Patent trolls will have to add a new variable to their calculations before pursuing a marginal lawsuit over their intellectual property: The other side’s legal fees.
In a decision today, the U.S. Supreme Court freed judges to impose fees on the losers in patent litigation for more than the most egregious cases of misconduct. In Octane Fitness v. ICON and a companion case, the high court held that previous decisions by the Court of Appeals for the Federal Circuit — the specialized court for patent appeals — had imposed standards that went far beyond what Congress intended when it added a “loser pays” provision to the patent code. The court also reduced the Federal Circuit’s ability to overturn fee awards by lower-court judges.
“These cases are game-changers,” said Brian H. Pandya, a partner with Wiley Rein who submitted an amicus brief in the litigation on behalf of a Blue Cross subsidiary. “Litigants will still have their chance to have their day in court, but once you’ve had your day, you need to know when it’s time to fold your cards.”
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(These latest Intellectual Property (IP) news and events presented here, are prepared and compiled by us, the World Patent & Trademark Law Office (WPTO),for your reference and information)