Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Attorneys’ Fees

Is Section 285′s “exceptional case” requirement too exceptionally hard to satisfy?

Posted in Appeals, Litigation, Miscellaneous
(Note: the subject matter of this post is a bit off-topic for this blog, but with all of the attention being paid to non-meritorious patent lawsuits and potential solutions, we thought this warranted mentioning.) Patent litigation, like most litigation in this country, is generally controlled by the “American Rule” — the general rule that each … Continue Reading

Patent Alert: Failure to Test Accused Products for Infringement Does Not Justify Award of Attorneys’ Fees under Section 285 (Checkpoint v. All-Tag)

Posted in Patent Alerts
Today, March 25, 2013, in Checkpoint Systems, Inc. v. All-Tag Security S.A., No. 2012-1085, the Federal Circuit (Newman, Lourie, and Schall) reversed both the district court’s award of $6.6 million in attorneys’ fees and the determination of an “exceptional case” under Section 285 of the Patent Act.  The awarding of attorneys’ fees has received more … Continue Reading