Intellectual Property
Mar. 1, 2012
A reminder and warning: fees in patent cases
While fee awards are not common in patent litigation, they do happen - sometimes with expert witness costs included. By Audrey A. Millemann of Weintraub Genshlea Chediak Tobin & Tobin
In patent litigation, the district court has discretion to award attorney fees to the prevailing party if it finds the case exceptional. 35 U.S.C. Section285. In MarcTec LLC v. Johnson & Johnson and Cordis Corp., 664 F.3d 907 (Fed. Cir. 2012), the Federal Circuit affirmed a district court's award of expert witness fees in addition to attorney fees under Section 285.
The patents in suit covered a surgical device tha...
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