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→Fees and Other Expenses
In order to avoid frivolous lawsuits and adequately sanction patent trolls for pointless or unfounded claims,<ref name="innovationactprovisions" /> the Innovation Act proposes the "English Rule" become the new standard in patent litigation in America. <ref name="patentlyoIA" /> As defined by the NYU School of Law, the "English Rule" requires the losing party in a trial compensate the prevailing party for its attorney fees. <ref name="NYU" />
The act requires courts to have losing parties provide for "reasonable fees and other expenses." Only The award may be waived only if the losing party is found to have just legal and factual cause to be part of the litigation may the award be waived. If the losing party is unable to pay due to extraordinary circumstances, the court may ask a joined or interested party to cover the award. <ref name="innovationacttext" /> Subjects a party claiming a patent in a civil action who subsequently unilaterally seeks dismissal of the action without consent of the other party, and who extends to such other party a covenant not to sue for infringement, to a motion for attorney's fees as if it were a nonprevailing party, unless:(1) the party asserting such claim would have been entitled, at the time that such covenant was extended, to dismiss voluntarily the action without a court order; or(2) the interests of justice require otherwise. Removes a provision that prohibits a patent from being deemed invalid based on novelty, prior art, or nonobvious subject matter solely because a defense is raised or established based on prior commercial use."[https://www.govtrack.us/congress/bills/114/hr9/summary]
===Joinder of Interested Parties===
