Will Fee Shifting Help or Hinder Patent Enforcement?

An expert panel discusses the pros and cons of the current legislative proposal n H.R. 9 that the patent litigation loser should pay the winner’s attorney’s fees and costs. Professor Jason Schultz moderated a discussion on the role of fee shifting as a deterrent to abusive litigation and whether the proposed fee shifting is needed in view of the relaxed standard for exceptional case recovery since the SCOTUS decision in Octane and Highmark.