Chief Judge Rader Pens Op-Ed in New York Times

Yesterday there was an Op-Ed in the New York Times presenting the opinion that District Court Judges should use already existing portions of the law more often to shift fees in patent troll litigation.  The writers point out that in 3000 cases analyzed, in only 20 of them were fees shifted to the plaintiff.  Fee shifting refers to when the court requires the Plaintiff  to pay all or some of the Defendant’s legal fees to defend the lawsuit in the first place.  Its an interesting, and quick, read.  But what makes it REALLY interesting is that it was penned by Judge Randall Rader, Chief Judge of the Federal Circuit Court of Appeals (which hears all patent lawsuit appeals), along with two others.  If you are a defendant that appeals a patent case and part of your appeal is fee shifting, cross your fingers that Judge Rader is on your panel.  I also wonder how many District Court judges will see the op-ed and give it any consideration in future fee shifting analyses.

Read the full Op-Ed here.