On December 5, 2013, the House passed H.R. 3309, which is otherwise known as the Innovation Act. The Innovation Act proposes a dramatic departure from traditional litigation by incorporating a fee-shifting provision. The fee-shifting provision would require a court to award the prevailing party reasonable fees and other expenses incurred by that party unless the court finds that the position and conduct of the non-prevailing party were reasonably justified in law and fact.
Under existing law, a court can only award attorneys' fees... VIEW FULL ARTICLE