U.S. Supreme Court Lowers Bar for Awarding Attorneys’ Fees to Prevailing Patent Defendants

On April 29, the Supreme Court issued a pair of opinions regarding the award of attorneys’ fees to an accused infringer who successfully defeats a claim of patent infringement.  The opinions are important because they give district courts greater discretion in determining whether the defendants in such cases are entitled to recover their attorneys’ fees.  Specifically, the Court rejected the rigid test that had been imposed by the Court of Appeals for the Federal Circuit and held that district courts must use their discretion on a case-by-case basis considering the totality of the circumstances in determining whether attorneys’ fees should be awarded.

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