It has been three years since the U.S. Supreme Court decision in Octane Fitness made it easier for parties in patent litigation to recover attorney fees. Today, battles over fees are no longer rare; litigants request fees more frequently, and judges grant those requests at a higher rate.
But the path to winning fees is not straightforward. Our panel of litigators, all of whom have been involved in patent litigation fee fights, will discuss issues including:
- How to choose between a Rule 11 sanction or a Section 285 fee award when both may be attainable;
- How to handle the delicate matter of disclosing billable hours and hourly fees, particularly in joint defense groups;
- Is there a best time to request fees? What milestones make such a request appropriate?;
- What are the routes to collecting fees from a non-practicing entity that is using a corporate veil to shield assets?
Speakers:
- D. Clay Holloway, Kilpatrick Townsend & Stockton LLP
- Lionel Lavenue, Finnegan, Henderson, Farabow, Garrett & Dunner LLP
- Robert Palmersheim, Honigman Miller Schwartz & Cohn LLP
