The U.S. Supreme Court is poised to consider a hot-button issue in patent litigation: How much latitude should federal judges have to award attorney fees to the prevailing party?
In fact, the high court seems ready to reshape altogether the standards for what constitutes an “exceptional case” meriting a fee award. Patent attorneys—and nearly half of the U.S. Court of Appeals for the Federal Circuit—have criticized the current standards as nearly impossible to meet.
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