Recent Supreme Court Decision Takes Us Back to the Future: Attorney Fees Award Rate Increases in Patent Cases

Kramer Levin Intellectual Property partner Randy Lipsitz, special counsel Aaron Frankel and associate Hanna Seifert wrote an article titled "Recent Supreme Court Decision Takes Us Back to the Future: Attorney Fees Award Rate Increases in Patent Cases" that appeared in Bloomberg BNA's Patent, Trademark & Copyright Journal on October 10, 2014. The article discusses the results of the authors’ independent research which shows an increase in the rate of awarding attorney fees by district courts in patent cases based on the recent United States Supreme Court decisions in Highmark v. Allcare and Octane Fitness v. Icon. The article was cited in testimony before the US Senate Committee on the Judiciary hearing on “The Impact of Abusive Patent Litigation Practices on the American Economy.”