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"Requires The act requires courts to award prevailing have losing parties provide for "reasonable fees and other expenses incurred in connection with such actions, unless:(1) ." Only if the position losing party is found to have just legal and conduct factual cause to be part of the nonprevailing party was reasonably justified in law and fact; or(2) special circumstances, such as severe economic hardship to a named inventor, make an litigation may the award unjust.Directs courts, upon a motion of a party, to require another party to certify whether it will be able to pay any award of such fees and expenseswaived. Allows If the court, if a nonprevailing losing party is unable to pay such a feedue to extraordinary circumstances, to make the court may ask a joined or interested party liable for to cover the unsatisfied portionaward.<ref name="innovationacttext" />
→Fees and Other Expenses
===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" />
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:
