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In less than two weeks, the Supreme Court will hear the first patent case of this session, which raises the question of when to award attorney’s fees in patent cases under 35 U.S.C. § 285. The statute provides for the award of attorney fees only in “exceptional cases.” Under the rule established in Brooks [...]

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On February 27th, Reps. Peter DeFazio (D-Ore.) and Jason Chaffetz (R-Utah) reintroduced a “new and improved” Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013 (or “SHIELD Act,” pleasing fans of both acronyms and imagery of strife).  The legislation is intended to curb the rapid ascent of so-called “patent trolls,” which are reported to have [...]

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