Patent Litigation: Section 285 Attorney Fees Awards | Practical Law
A Practice Note discussing reasonable attorney fee awards to a prevailing party in exceptional cases under 35 U.S.C. § 285. This Note addresses Section 285's requirements, including exceptional case determinations under the US Supreme Court's Octane Fitness standard, and key considerations in appeals to the US Court of Appeals for the Federal Circuit. It also discusses other statutes and rules that a moving party can use to seek relief together with a Section 285 fee motion.