The federal patent laws provide for an award of attorneys’ fees to the prevailing party in exceptional patent infringement cases. 35 U.S.C. §285. An exceptional case is determined based on the totality of the circumstances. A case can be exceptional due to a substantive legal position taken by a party or a party’s unreasonable litigation… Continue Reading
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The Intellectual Property Law Blog provides counsel in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing and promotions and sweepstakes. The blog’s objective is to serve as a forum to discuss IP strategies that provide protection to a business’ or persons’ intangible assets.