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35 U.S.C. § 285: Attorney fees in exceptional cases

35 U.S.C. 285 allows attorney fees in exceptional patent cases.

Citation: 35 U.S.C. § 285

Type: Statute

Jurisdiction: Federal

Issuing body: U.S. Congress

Status: In force

In an exceptional case the court may award reasonable attorney fees to the prevailing party. Under Octane Fitness, an exceptional case is one that stands out from others based on the substantive strength of a party's position or the unreasonable way the case was litigated, and entitlement must be shown by a preponderance of the evidence.

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