Principal Rudolph Telscher secured a victory before the U.S. Supreme Court on behalf of the petitioner in Octane Fitness v. Icon Health and Fitness (No. 12-1184).
On April 29, the Supreme Court ruled in favor of Octane Fitness in determining the standard for awarding attorney fees to prevailing defendants in patent litigation is too high.
Mr. Telscher led the Harness Dickey team to a victory for Octane in which the Supreme Court threw out the Federal Circuit’s test under 35 U.S.C. §285 and adopted the standard advocated by Octane.
The case had been closely watched and the ruling is expected to have implications for defendants in patent cases throughout the U.S.
Please see full Supreme Court Decision below for more information.
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Topics: Attorney's Fees, Brooks Furniture, Exceptional Case, Octane Fitness v. ICON, Patent Infringement, Patent Litigation, Patents, SCOTUS
Published In: Civil Procedure Updates, Civil Remedies Updates, Intellectual Property Updates
Reference Info:Decision | Federal, U.S. Supreme Court | United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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