Saturday, July 04, 2015

Awarding attorney's fees and 35 U.S.C. § 285

Awards for attorney's fees, and contract law generally, are topics in the case Buckhorn v. Orbis .

Of relevance to "loser pays" in the Goodlatte Innovation Act, note the text:

“the narrow exceptions to the American Rule effectively
limit a court’s inherent power to impose attorney’s fees as
a sanction to cases in which a litigant has engaged in bad-faith
conduct or willful disobedience of a court’s orders.”
Chambers, 501 U.S. at 47. This situation does not exist
here, nor does Orbis argue that it does.



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