By Dennis Crouch
The debate over attorney fee shifting continues both in Congress and in cases before the Supreme Court. In an interesting new article, Saurabh Vishnubhakat compiles fee award statistics for the past decade. The study reports that prevailing plaintiffs are more likely to receive a fee award, but that the median award of prevailing defendants is much higher.
- Saurabh Vishnubhakat, What Patent Attorney Fee Awards Really Look Like, 63 Duke L.J. Online, 2014, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2404707
- Mark Liang & Brian Berliner, Fee Shifting in Patent Litigation, 18 VA. J.L. & TECH. 59 (2013).
- James Bessen & Michael J. Meurer, The Private Costs of Patent Litigation, 9 J.L. ECON. & POL’Y 59 (2012).