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Richard Brown and Jonathan Tropp Discuss Possible Impact of Octane Ruling on Patent Fee Litigation Practices in Law360

Publisher: Law360
May 29, 2014
Day Pitney Author(s) Richard H. Brown Jonathan B. Tropp

Law360 published an article co-authored by Day Pitney partners Richard H. Brown and Jonathan B. Tropp titled, "Octane Will Fuel New Practices In Patent Fee Litigation" in its May 29 newsletter. The article explains how the U.S. Supreme Court's recent decision in Octane Fitness LLC v. Icon Health & Fitness Inc. to lower the bar for awarding attorneys' fees in patent cases is likely not only to increase both the frequency of attorneys' fee petitions in patent cases and their rate of success, but also to change the way fee petitions are litigated.

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