In the United States the "American rule" is generally followed, each party bearing its own expense of litigation. However, provides that in patent cases, the losing party may have to pay attorney fees of the winning party if the case is deemed "exceptional." However, after the
U.S. Supreme Court's decision in
Octane Fitness, LLC v. ICON Health & Fitness, Inc. on April 29, 2014, it is now easier for courts to award costs for frivolous patent lawsuits initiated by
patent trolls. Alaska has long been an exception to the U.S. pattern, where the English rule applies. A very limited version of the English rule was adopted in Texas during the 2011 legislative session that applies only to the filing of a baseless lawsuit. Tex. R. Civ. P. 91a. Then Texas governor
Rick Perry called in his state of the state address for a one-way version of the English rule which would apply only to those who initiate a suit, the plaintiff. ==See also==