Lawyers Weigh In On High Court's Patent Rulings

Ken Horton

Kenneth E. Horton, Kirton McConkie PC, interviewed for Law360:

"In Octane Fitness, the Supreme Court threw out the rigid standard used by the Federal Circuit in awarding attorneys’ fees. An ‘exceptional’ case is now simply one that stands out from others with respect to the substantive strength of the party’s litigating position (in light of the governing law and the facts) or the unreasonable manner in which the case was litigated. Given that the rigid formula has been overturned, more motions for attorneys’ fees awards will be both filed and granted. For those currently — or considering — fighting NPEs, this decision will serve as a valuable tool."

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