PATENTS - Fee shifting at the Federal Circuit

In Kilopass Tech., Inc. v. Sidense Corp. (Fed. Cir. December 26, 2013), in a 2-1 decision, the majority suggested that the fee shifting provisions of 35 U.S.C. §285 have broader application and are not applicable only when subjective bad faith and objective baseless claims are found. 

That is from IP Watchdog. 

The same court approved a denial of fees despite after statements by a defendant that “were seriously contradictory and unreasonable” and their “manner and style” that were “offensive to the Court.” 

That is from Dennis Crouch, reviewing Oplus v. Sears and Vizio.