Make Your Opponent Pay Your Attorney Fees

In a unanimous ruling, the U.S. Supreme Court in the Octane Fitness case made it easier for courts to make the loser in a patent case pay attorney costs. In a Today’s General Counsel article, an attorney who handled the case for Octane Fitness explains how the ruling can be used not only as a tool for recouping fees, but also as a powerful settlement tool. One suggestion he has for infringement defendants: Once they are sued, they should carefully assess all the allegations and if they seem unfair start immediately to build an appropriate Octane record. He summarizes what that record should consist of. The precedent in Octane Fitness, he notes, is likely to be especially germane as a defense against troll litigation.