Speaker and attendees at a UT Law CLE conference presentation
eCourse

Sanctions and Fee Shifting in U.S. Patent Litigation

Contains material from Jan 2026
Sanctions and Fee Shifting in U.S. Patent Litigation
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Sanctions and fee-shifting, or at least the prospects thereof, arise frequently in U.S. patent litigation. This presentation examines the statutory, case law and inherent authorities providing for fee awards in various contexts in patent cases (§ 285 exceptional case, Rule 11, Rule 37, 28 U.S.C. § 1927, inherent authority). Learn the differences and distinctions among these authorities, the mechanics of applying them, and the situational pros/cons and nuances of each. 

Includes: Video Captions Audio Transcript Paper Slides

  • Total Credit Hours:
  • 0.75 | 0.75 ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 2/28/2027
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Sessions

Credit
1. Sanctions and Fee-Shifting in U.S. Patent Litigation: Authorities and Mechanics (Jan 2026)

D. Stuart Bartow

0.75 0.75 0.00 0.75 | 0.75 ethics
Downloadable Materials
Transcript (txt)
Paper (pdf) – 37 pgs
Slides (pdf) – 75 pgs

Session 1 —43 mins 0.75 | 0.75 ethics

Sanctions and Fee-Shifting in U.S. Patent Litigation: Authorities and Mechanics (Jan 2026)

Sanctions and fee-shifting, or at least the prospects thereof, arise frequently in U.S. patent litigation. This presentation examines the statutory, case law and inherent authorities providing for fee awards in various contexts in patent cases (§ 285 exceptional case, Rule 11, Rule 37, 28 U.S.C. § 1927, inherent authority). Learn the differences and distinctions among these authorities, the mechanics of applying them, and the situational pros/cons and nuances of each. 

Originally presented: Nov 2025 Advanced Patent Law Institute

D. Stuart Bartow, Duane Morris LLP - Wilmington DE, and Palo Alto, CA