§285. Attorney fees
The court in exceptional cases may award reasonable attorney fees to the prevailing party.
(July 19, 1952, ch. 950, 66 Stat. 813.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §70, part (R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, §6, 29 Stat. 694, (2) Feb. 18, 1922, ch. 58, §8, 42 Stat. 392, (3) Aug. 1, 1946, ch. 726, §1, 60 Stat. 778).
This section is substantially the same as the corresponding provision in R.S. 4921; "in exceptional cases" has been added as expressing the intention of the present statute as shown by its legislative history and as interpreted by the courts.
Court Cases Citing 35 U.S.C. § 285
- Vehicle Operation Technologies LLC v. Ford Motor Company (2015)
- Vehicle Operation Technologies LLC v. Mitsubishi Motors North America Inc. (2015)
- CliniComp International, Inc. v. Cerner Corporation (2023)
- Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc. (2021)
- The Boler Company v. Tuthill Corporation (2007)