Section 285 Did Not Allow For IPR Fees, PTAB Litigation Blog

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The Patent Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.”  35 U.S.C. § 285.  In a recent denial of a motion for attorney fees pursuant to § 285, an Ohio district court found that fees accrued during a successful inter partes review (“IPR”) proceeding are not recoverable by the prevailing patent challenger.  See Sherwood Sensing Sols. LLC v. Henny Penny Corp., 2022 U.S. Dist. LEXIS 90872, *1 (S.D. Ohio May 20, 2022).

Pranita Dhunghana, in the Pittsburgh Office, assisted with the preparation of this Blog.

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