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Future of fee shifting in balance at Supreme Court

Michael Loney, New York

The Supreme Court will hear arguments Wednesday in two complementary cases that have wide-reaching ramifications for fee shifting, patent trolls and the patent reform legislation in Congress

The two cases - Octane Fitness v Icon Health and Fitness and Highmark v Allcare ­– concern section 285 of the Patent Act, which provides for awarding attorney fees to the prevailing parties “in exceptional cases”.

The cases have attracted much...

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