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→Fees and Other Expenses
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" /> <ref name="patentlyoIA" /> 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" incurred by the other party throughout in 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" /> Once a plaintiff has claimed a patent in civil actionAdditionally, dismissing the civil action by proposing an agreement plaintiff may have to not sue for infringement, referred to as a covenant, makes the plaintiff liable for payment of pay attorney fees. Payment may not be required if it dismisses the plaintiff had claim before going to trial unless they were given the explicit right to settle with a covenant without a court order or if payment would not serve the "interests of justice." <ref name="govtracksummary" /> The "interests of justice" have been called upon previously in patent proceeding and generally determine whether a motion will best serve the outcome of a trial. <ref name="interestsofjustice" />
===Joinder of Interested Parties===
