Supreme Court Decision May Result in More Attorneys’ Fees Awards


Margaret Duncan said that in light of the Supreme Court’s ruling that a good-faith belief in patent invalidity is not an infringement defense, “Non-infringement and invalidity seems to go hand in hand.” Ms. Duncan pointed out that if a defendant believes in good faith that a patent is invalid, then it believes that the plaintiff’s patent has no right to exclude; the Court’s decision, by contrast, is pro-patentee. “For me, the impact is simple – as a defendant, you have a defense that is now taken away,” she concluded.