Unanimous Supreme Court: “Exceptional” Patent Cases Determined at District Court’s Discretion with Appellate Review only for Abuse

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With respect to the two related questions before the Supreme Court of the United States, the court held that (1) the prior standard used by the U.S. Court of Appeals for the Federal Circuit for determining whether a case is “exceptional” pursuant to 35 U.S.C. § 285 was unduly restrictive and inconsistent with the statutory text, and (2) a district court’s finding of an “exceptional case” is subject to the district court’s discretion and should be reviewed for an abuse of discretion, not de novo.

 

Topics:  Attorney's Fees, Brooks Furniture, Exceptional Case, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement, Patent Litigation, Patents, SCOTUS

Published In: Civil Procedure Updates, Civil Remedies Updates, Intellectual Property Updates

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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