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In order Writers of the bill propose that a modified "English Rule" become the new standard in patent litigation in America to avoid frivolous lawsuits and adequately sanction patent trolls for pointless or unfounded claims,. <ref name="innovationactprovisions" /> the Innovation Act proposes a modified "English Rule" become the new standard in patent litigation in America. <ref name="patentlyoIA" /> As defined by the NYU School of Law, the The "English Rule" requires the losing party in a trial compensate the prevailing party for its attorney fees. <ref name="NYU" />
→Fees and Other Expenses
===Fees and Other Expenses===
The act requires courts to have losing parties provide for "reasonable fees and other expenses" incurred by the other party throughout litigation. 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. 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" />
