U.S. patent litigation and attorneys' fees: a case study

"Patent litigants beware: awards of attorneys' fees just got easier with Federal Circuit's Kilopass decision" is the title of a Current Intelligence note written for the Journal of Intellectual Property Law & Practice (JIPLP) by Allen & Overy attorneys Paul Keller and Annsley Merelle Ward. It's an analysis of the recent decision of the Court of Appeals for the Federal Circuit, USA, in Kilopass Technology, Inc v Sidense Corporation No 2013-1193 (Fed Cir Dec 26, 2013). According to the abstract

"In further clarifying the burden of proof required to prove that fee-shifting should apply under 35 USC s 285, the Federal Circuit's decision continues to demonstrate the court's attempts to minimize gamesmanship in patent infringement cases and discourage unsupported allegations from being brought".

Paul and Annsley's note is one of a number of pieces of content that has been made available to subscribers and non-subscribers alike via the journal's jiplp weblog here.

JIPLP is also interested in receiving articles on this issue from jurisdictions other than the United States.  If you are thinking of writing one, please contact Sarah Harris, Commissioning Editor, at sarah.harris@oup.com