Under the American rule, each party to a lawsuit pays its own attorney’s fees. However, the American rule can be circumvented by statute enacted by the government or by contract through agreement by the parties. In patent litigation, fee shifting is appropriate by statute under 35 U.S.C. § 285. Section 285 states that "the court in exceptional cases may award reasonable … [Read more...]
Attorney fees are billed out in two different methods. The first being on an hourly basis. The second being on a flat fee basis. Attorneys have a minimum charge for working on a case file either as a fraction of an hour or a flat fee basis. Hourly rates are charged in 6 minute increments of an hour.
Bottom line: The standard for awarding attorney fees was lowered back in 2014 by the Supreme Court in Octane Fitness, LLC v. ICON Health & Fitness, Inc. (2014). (Click here for the Highmark case). Before 2014, obtaining an award of attorney fees was fairly difficult, even in egregious situations. Now, under the lowered standard, the tide appears to have shifted. The … [Read more...]
In the United States, each party generally pays their own attorney fees. Shifting attorney fees to the non-prevailing party is permitted in certain circumstances. For example, in patent litigation, fee shifting is permitted for exceptional cases. 35 U.S.C. Section 285 states that “the court in exceptional cases may award reasonable attorney fees to the prevailing party.” The … [Read more...]
The Supreme Court has made fee shifting (i.e., award of attorney’s fees) easier in patent cases reversing the framework laid out in Brooks Furniture for determining when a case is “exceptional”. Now, under Octane Fitness, LLC v. ICON Health & Fitness, Inc., (S.Ct. 2014), an exceptional case in which the court may, in its discretion, award attorney’s fees is simply one that … [Read more...]