A new study by MLex uses Lex Machina data to show that more and more district courts are granting attorneys fees requests:
Nearly six months after the US Supreme Court made it easier to award attorneys’ fees in “exceptional” patent cases, US district court judges are increasingly sanctioning parties for filing frivolous lawsuits or engaging in litigation misconduct — except in the most popular place to file a patent suit: the Eastern District of Texas. District court judges have issued at least 50 decisions on fee shifting and have awarded attorneys’ fees in at least 40 percent, or 18, of them, according to an MLex analysis of district court decisions obtained through legal data analytics firm Lex Machina. But it is still unclear what impact the looser standards for fee shifting will have on so-called patent trolls, or “nonpracticing entitites.”
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