Tuesday, April 29, 2014

SCOTUS overrules strict Federal circuit standard on "loser pays" for patent troll suits


The US Supreme Court has overruled the Federal Circuit in the very narrow way the appeals court implemented the “loser pays” (or “European rule” or “fee-shifting rule”) for putatively frivolous lawsuits by patent trolls. The story in Forbes today by Daniel Fisher is here

The opinion for Octane Fitness v. ICON is here. Another case is Highmark v. Allcare Health Management System, here.

The usual rule, where each litigant has to pay its own legal fees, is called the American System.  Sounds appropriate.  

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