Re:We Stood Up to a Patent Troll and Won
by ksherlock on Monday November 04, 2019 @08:47PM
(#21448849)
Will you file for reimbursement of attorney fees? (Octane Fitness, LLC v. ICON Health & Fitness, Inc.)
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Re:We Stood Up to a Patent Troll and Won
by kramerdj on Monday November 04, 2019 @09:00PM
(#21448920)
We don't plan to do so. I'm not immediately familiar with the case, you cite but it was our understanding from counsel that was a very unlikely outcome for us, which isn't surprising as attorneys fees are VERY difficult to recover in the US system.
Re:We Stood Up to a Patent Troll and Won
by ksherlock on Monday November 04, 2019 @10:56PM
(#21449458)
It's a 2014 Supreme court case that (in theory?) made it easier to recover attorney fees from patent trolls.
Specifically, this phrase: "The court in exceptional cases may award reasonable attorney fees to the prevailing party." (Section 285 of the Patent Act.) They loosened up what is "exceptional".