http://www.flhlaw.com/pubs/xprPubDetail.aspx?xpST=PubDetail&...
"Under Section 285 of the Patent statute, courts have discretion to award reasonable attorneys’ fees in patent infringement cases that are deemed “exceptional.” 35 U.S.C. § 285. The Federal Circuit noted that while the threat of enhanced damages for willful infringement under 35 U.S.C. § 284 deters bad faith conduct on the part of the accused infringer, the threat of attorneys’ fees under Section 285 is “the only deterrent to the equally improper bringing of clearly unwarranted suits on invalid or unenforceable patents.” Mathis v. Spears, 857 F.2d 749, 754 (Fed. Cir. 1988). Section 285 provides:
The court in exceptional cases may award reasonable attorneys’
fees to the prevailing party. 35 U.S.C. § 285."