United States Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Patent Trolls
On October 1, 2013, SCOTUS granted writs of certiorari in two separate patent cases, both relating to the “exceptional” case standard for awarding attorneys’ fees. The cases involve patentees who are non-practicing entities. The outcome could significantly deter the activity of patent trolls, as prevailing defendants may have an easier time obtaining attorneys’ fees.