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 Federal Circuit U.S. Court of Appeals — have criticized the current standards as nearly impossible to meet.
Decisions from the Supreme Court in two cases accepted Tuesday could discourage some nuisance-value patent troll litigation, though probably not the cases brought by more sophisticated non-practicing entities, patent attorneys said Tuesday.
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