Fee-Shifting Or Fundamental Fairness? You Decide

On July 16, 2015 Scott Slavick's article, "Fee-shifting or fundamental fairness? You decide." was published on InsideCounsel.com.

IP Case in the Vanguard on Fee-shifting, Says Slavick

Are IP cases pushing American courts to the international way of shifting fees? So asks Brinks' Scott Slavick in his latest piece on InsideCounsel.com, "Fee-Shifting? Or Fundamental Fairness? You Decide."

The American Rule—a default rule under which parties in litigation presume to bear their own costs—came into question in Shammas v. Focarino at the 4th Circuit in April, with the a divided panel upholding a lower court's ruling requiring the plaintiff to cover legal costs incurred by the USPTO.