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Supreme Court's fee-shifting ruling has uncertain impact

Daily Journal

20 Apr 2014

Colette Reiner Mayer, a partner in the firm’s Intellectual Property Group, was quoted in the article, “Supreme Court's fee-shifting ruling has uncertain impact,” published by The Daily Journal on April 30, 2014. In the article, she discusses the Supreme Court’s decision in Octane Fitness LLC v. icon Health & Fitness Inc, which discarded the Federal Circuit’s test for determining the awarding of attorney’s fees.

She said, "It's fair to infer that the court has an eye on what Congress is doing. Now, we'll see more litigants encouraged to file for fees, though it's tough to predict how the standard will be applied by the district courts." She believes the ruling will strike a blow against arguably frivolous suits by litigators known as nonperforming entities, labeled by critics as patent trolls. "This will be a disincentive for the trolls to file the weaker cases," she said. "It will be an incentive to come up with strategies for early case terminations. Defense lawyers will think, 'I could pay the troll, or I could win and get the fees.'"

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