Do 35 U.S.C. § 285 awards effectively deter litigation abuse?

As policy makers continue to discuss patent reform, commentators have opined that 35 U.S.C. § 285 does little to rein in unscrupulous litigation tactics because judges rarely impose the penalty.

A frequently cited statistic supporting this view states: “There were only six awards granted between January 1, 2010, and December 31, 2012 on contested, patent-specific judgments . . . where the judgment was predicated on litigation misconduct or frivolous, bad faith litigation . . .”

Docket Navigator data reflects a much higher number.
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