I have an article about to come out (I bet it’s in your mailbox) about whether or not Section 285 permits courts to award fees directly against lawyers.
Turns out it’s an open question with good arguments on both sides.
Sony just argued that an award against Dorsey & Whitney and its client, a losing patentee, should be affirmed. The oral argument in Sony v. Biax is here. A story (I hope not behind a paywall) is here.
Stay tuned. I’ll let y’all know when my article is available, and I’ll post it here once it is in fact in print (I’m obligated to let the ABA go first).