Supreme Court Will Take Up Lawyer Fees For Patent Cases

The Supreme Court has accepted for review two cases involving the potential award of attorney fees in patent cases. Both cases address the question of how courts will determine if a case is so “exceptional” that it merits the attorney fee award. The first will consider whether the current two-part test laid down by the Federal Circuit is too rigid. The second considers how much deference should be given to the determination that was made by the district court. The outcome of these cases, according to this Paton Boggs client alert, could significantly affect the business model of some non-practicing entities, specially those whose modus operandi includes targeting a large number of defendants.