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Exceptional

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U.S. patent law Edit

Overview Edit

Under U.S. patent law, courts have discretion to award reasonable attorneys’ fees in patent infringement cases that are deemed "exceptional." [1] An exception case is one in which the totality of the circumstances show that the losing party acted in bad faith or at least with gross negligence in bringing or maintaining the suit.[2] The prevailing party must demonstrate "material inappropriate conduct related to the matter in litigation, such as willful infringement, fraud or inequitable conduct in procuring the patent, misconduct during litigation, vexatious or unjustified litigation, conduct that violates Fed. R. Civ. P. 11, or like infractions."[3] Whether a case is exceptional under Section 285 is question of fact, subject to appellate review for clear error.[4]

References Edit

  1. 35 U.S.C. §285.
  2. Interspiro USA v. Figgie Int'l Inc., 18 F.3d 927, 933, 30 U.S.P.Q.2d (BNA) 1070 (Fed. Cir. 1994) (full-text).
  3. Brooks Furniture v. Dutailier Int'l, 393 F.3d 1378, 1381 (Fed. Cir. 2005) (full-text).
  4. S.C. Johnson & Son, Inc. v. Carter-Wallace, Inc., 781 F.2d 198, 201, 228 U.S.P.Q. (BNA) 367 (Fed. Cir. 1986) (full-text).

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