In an unsuccessful patent lawsuit, the losing party typically pays the court costs and may also be responsible for the prevailing party's attorney fees, depending on the jurisdiction and specific circumstances of the case. In the United States, patent law allows for the recovery of attorney fees in exceptional cases, as defined by the courts. However, in many instances, each party bears its own legal costs regardless of the outcome. It's essential to consult legal counsel for specific cases, as variations exist based on jurisdiction and the details of the lawsuit.
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