IP Master Class: Attorneys' Fees and the "Exceptional" Patent Case

Practices: Intellectual Property, Intellectual Property Litigation

The Patent Act provides for an award of attorneys' fees in "exceptional" cases under 35 U.S.C. § 285. The Federal Circuit has issued a number of opinions in recent years as to when and how attorneys' fees can be awarded. For example, the Federal Circuit just overruled a district court's findings of an "exceptional" case and award of attorneys' fees in Medtronic Navigation, Inc. v. Brainlab Medizinische Computersysteme GmbH (Fed. Cir. Apr. 26, 2010). The presenters will discuss these recent opinions and how Section 285 determinations may be affected by changes in the law of willful infringement and discovery of electronically stored information (ESI).

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