pdf

O’Melveny’s Berliner, Liang Co-Author Article on Fee Shifting in Patent Litigation

January 24, 2014 O'Melveny & Myers partner Brian Berliner and associate Mark Liang co-authored an article, titled "Fee Shifting in Patent Litigation," which appears in the Fall 2013 edition of the Virginia Journal of Law & Technology.  In the piece, the authors contend that within the context of patent litigation, implementing fee shifting as a default rule would lead to unwanted consequences, and would largely fail to reduce the occurrence of such cases.  However, “using fee shifting selectively to sanction parties who bring objectively weak cases may effectively weed out the weak cases while maintaining a fair playing field for parties who bring meritorious cases,” the authors write.

Berliner resides in the Firm’s Los Angeles office and Liang resides in the San Francisco office.  They are members of O’Melveny’s Intellectual Property and Technology Practice.