Authorities
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.
Related guides.
- Remedies: Damages, Injunctions, Enhanced Damages, and Fees
- Burdens and Standards of Proof
- Patent Litigation Questions for Inventors and Business Owners
Sources.
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