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Engine Supports Fee Shifting in Patent Cases
@Engine, IP, Issues Eva Arevuo @Engine, IP, Issues Eva Arevuo

Engine Supports Fee Shifting in Patent Cases

Fee shifting, or "loser pays," is already in the Patent Act but the current wording -- only in “exceptional cases” can the court award attorney fees to the prevailing party -- left the door open for the Federal Circuit to define exceptional so narrowly that fees are only granted in a fraction of cases.

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