Ari Zytcer, an attorney in the Vorys Columbus office and a member of the technology and intellectual property group, was featured in a Law360 story on two patent related U.S. Supreme Court cases decided on April 29, 2014. The Court found that the U.S. Circuit Court for the Federal Circuit applied rigid tests that made it too difficult for courts to award fees in patent cases. According to Zytcer, these decisions are significant.
The story includes this quote from Zytcer:
“This decision is significant because it provides lower courts with greater discretion to determine whether a case is ‘exceptional’ within the meaning of Section 285 of the Patent Act, thereby providing a disincentive to plaintiffs asserting patent infringement unless the plaintiff is confident in the substantive strength of its position. While this already being viewed as a great result for combating so called patent trolls, the decision will likely have broad-reaching implications for all potential plaintiffs, as awards for attorneys' fees will be more difficult to challenge.”
To read the entire story, visit the Law360 website. (Subscription may be required).