“Fee Shifting in Patent Litigation”

Partner Thomas L. Duston led the roundtable discussion “Fee Shifting in Patent Litigation” on Wednesday, May 17, 2017 at the 2017 IP Defense Summit–Chicago. Mr. Duston discussed what has happened in the three years since the Supreme Court's Octane Fitness decision, which changed the standard for fee awards. In addition, the successful pursuits of fees, including persuasive factors, procedural posture at the time of the award, and rates of success were examined.