Welcome to Skilled in the Art. I’m Law.com IP reporter Scott Graham. It’s been nearly five years since the Supreme Court set a new standard for fee-shifting in “exceptional” patent cases. Octane Fitness instructs district judges to consider the totality of the circumstances when deciding exceptionality. A case before the Federal Circuit last week poses the question, what if an infringer wins most of its case at the PTAB, but the fee award was designed in part to punish litigation misconduct at trial? From the arguments—which I’ll describe below—it sounds like a close question. As always you can email me your thoughts and feedback and follow me on Twitter.


Victorious Samsung Might Still Get Hit With Fees

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]