To be clear the attorneys fees and costs awards can only be awarded in “exceptional cases,” which usually means that there must be a finding of bad faith, or a frivolous claim.
Just as an example, the U.S. Court of Appeals for the Ninth Circuit just ordered Mattel (Barbie) to pay $137 million in attorneys’ fees and costs to MGA (Bratz). In this case the exceptionality was not necessarily frivolousness or bad faith but the fact that Mattel’s claims were “stunning in scope and unreasonable in the relief it requested.”