RESOLVED that, because existing law, such as 35 U. S. C. § 285 and Fed. R. Civ. P. 11, is not presently creating disincentives to deter abusive patent litigation, IPO supports legislation affirmatively awarding fees and other expenses, in appropriate circumstances, to a prevailing party in patent cases, in a manner that would increase the likelihood such party will recover the awarded fees and expenses. IPO believes that such legislation should be applicable to plaintiffs and defendants alike.
