DISH Network L.L.C. v. Dragon Intellectual Property LLC, et al.
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Whether the Patent Act's fee-shifting statute allows a district court discretion to impose joint and several liability for attorney fees and to award fees from parallel administrative proceedings
The Patent Act’s fee-shif ting statute, 35 U.S.C. § 285, states: “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” The questions presented are: 1. Whether the Patent A ct’s fee-shifting statute allows a district court discretion to impose joint and several liability for the fee award on a party’s attorney whose actions substantially contribute to the exceptionality of the case. 2. Whether the same fee-shifting statute allows a district court discretion to award attorney’s fees incurred by a prevailing accused infringer in a parallel administrative proceeding to invalidate a patent.