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Fee Disputes Intellectual Property Litigation Patent Litigation

Attorney’s Fees After Octane: More Chances for Defendants to Even the Playing Field

With fewer restraints after Octane, district courts now have broader discretion to grant motions for attorney’s fees. But understanding the circumstances under which exceptionality has been found is critical. Recent decisions by the Federal Circuit post-Octane provide some important guidance on when attorney’s fees may be available under Section 285.


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In recent years, defendants in patent litigation have been given powerful defensive tools to challenge the validity of patents asserted against them and the jurisdiction in which they are sued. They’ve also been given more opportunities to even the playing field.

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