Red Flags Waved Off: Federal Circuit Rejects Overzealous Fee Award against Patentee
Briefly

The Federal Circuit's decision vacated Judge Brooke Jackson's fee award, indicating that determining whether a case is 'exceptional' under Section 285 requires more clarity and discretion.
In patent litigation, the award of attorney fees is generally reserved for exceptional cases, yet the standards for deeming a case exceptional remain uncertain, reflecting a grey area between typical and extreme litigations.
Read at Patently-O
[
|
]