Stephen Holmes Discusses Supreme Court Decisions on Fee Awards in Patent Cases in Reuters
Reuters reports that the US Supreme Court has overturned two appeals court rulings in patent cases concerning fee awards. These decisions will likely make it easier for the victorious party in a patent litigation to obtain legal fees from the losing party. As this would make bringing a weak patent litigation a potentially expensive prospect, the decisions could affect the number of such cases brought in the future, especially those brought by non-practicing entities, otherwise known as “patent trolls.”
According to Kaye Scholer Intellectual Property Partner Stephen Holmes, "These decisions will make patent trolls think twice about bringing cases." However, he added, "If patent holders have a good case, and they litigate properly, they should still bring it."