James Blank Weighs in on Supreme Court Decisions Concerning Fee Awards in Patent Suits in Law360
Law360 reports that the Supreme Court recently issued two decisions that will make it easier for courts to award attorney fees in patent litigation matters, and therefore increase the number of motions for sanctions in these suits. The prospect of having to pay legal fees if you lose has been touted by many observers as something that might help to curb claims by non-practicing entities or so-called “patent trolls.”
However, the cases’ impact will not be limited to patent trolls. According to Kaye Scholer Intellectual Property Partner James Blank, "patent owners are going to certainly have to give harder thought to whether to bring a case.”
"This applies to quote-unquote trolls but also any company large or small," Blank said, adding, "Patent litigation is so expensive that anyone will have to bear these decisions in mind before bringing a case."