Tag Archives: fee-shifting

The Threshold of Exceptionality: There Is a Line, and It Can Be Crossed

Non-practicing entity (“NPE”) plaintiffs beware and NPE defendants be delighted: sanctions for objectively unreasonable claims and conduct are alive and well. Defendants in NPE litigations, particularly in the Eastern District of Texas, received encouraging news recently when Judge Gilstrap granted $390,829 in fees to more than 20 defendants in response to motions for attorneys’ fees on … Continue reading this entry

Will the Supreme Court "Bar-B-Que" the Federal Circuit’s "Exceptional Case" Test? Early Views of Justices Ginsburg and Scalia

On October 1, 2013, the Supreme Court granted certiorari in two cases dealing with the fee-shifting provision in patent cases: Highmark Inc. v. Allcare Health Management Systems (No. 12-1163) and Octane Fitness, LLC v. ICON Health & Fitness, Inc. (No. 12-1184). The fee-shifting provision states that a “court in exceptional cases may award reasonable attorney … Continue reading this entry