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All out of bubblegum. |
Regarding the fee-shifting proposals in the draft patent "reform" legislation. From the IPO website:
IPO is continuing to urge that the patent bill must include an effective requirement for attorney fee shifting to deter frivolous litigation by any party, large or small. District courts should award attorney’s fees UNLESS the position and conduct of the non-prevailing party are objectively reasonable and substantially justified, or unless exceptional circumstances make such an award unjust. Fee shifting should be the default.
IPO Executive Director HERB WAMSLEY said, “We hope the Senate won’t agree to a compromise that merely codifies the Supreme Court’s Octane Fitness decision, or even weakens Octane Fitness by letting litigation abusers off the hook for economic hardship. That won’t pass the laugh test.”
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