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News & Analysis as of

Victims of Patent Trolls Get Re-Sharpened Weapon in their Defense

Fee-shifting in patent infringement suits has been authorized by statute since 1952, for application in “exceptional cases.” For the past nine years, that statute has not often been applied as a result of the Federal...more

Finding of Exceptional Case Denied Due to Unclean Hands

In Gaymar Industries, Inc. v. Cincinnati Sub-Zero Products, Inc. et al, 1-08-cv-00299 (NYWD July 3, 2014, Order) (McCarthy, M.J.), the magistrate judge recommended denial of defendant's request for reconsideration of its...more

Patent Litigation Fee-Shifting

In April, the Supreme Court reshaped the patent litigation landscape with its Octane Fitness, LLC v. Icon Health & Fitness and Highmark, Inc v. Allcare Health Management System, Inc., rulings. The statute at issue in both...more

Supreme Court Corner - Q2 2014

Octane Fitness, LLC v. Icon Health & Fitness, Inc. - Patent: Decided: April 29, 2014 - Holding: A patent case is “exceptional” under 35 U.S.C. § 285 when it “stands out from others with respect to the...more

Federal Circuit Review - Attorney's Fees, FRAND-encumbered Patents, and IPRs (May 2014)

Standard For Obtaining Attorney’s Fees Too High - In OCTANE FITNESS, LLC v. ICON HEALTH & FITNESS, INC., Appeal No. 12-1184, the Supreme Court reversed and remanded the Federal Circuit’s affirmance of the district...more

Octane and Highmark: Supreme Court Decisions Give District Courts Greater Discretion to Award Fees

On April 29, the Supreme Court issued two landmark patent opinions – Octane Fitness, LLC v. Icon Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc.. Both cases dealt with the Federal Circuit’s...more

Rapid Changes in Standards for Fees in IP Disputes

Background of Attorney’s Fees in Patent Disputes - Old Patent Act Standard – The Patent Act by its express terms permits a prevailing party, whether a plaintiff-patentee or defendant-competitor, to recover its...more

U.S. Supreme Court Relaxes Standard For Prevailing Parties To Recover Attorneys’ Fees In Patent Infringement Litigation

On April 29, 2014, the U.S. Supreme Court handed down two decisions that make it easier for prevailing parties to recover their attorneys’ fees in patent infringement cases. In Octane Fitness, LLC v. Icon Health & Fitness,...more

Octane Fitness, LLC v. Icon Health & Fitness, Inc.

Supreme Court Decision (4/29/14)

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...more

Supreme Court Decisions on Award of Attorney Fees in Patent Cases

Two decisions of the U.S. Supreme Court on April 29, 2014 may have an impact on the “patent trolls” debate by changing the rules relating to the award of attorney fees to a winning party in litigation relating to patent...more

Supreme Court Establishes "Totality of the Circumstances" Framework for Determining Whether Attorney's Fees Should Be Shifted in...

Also Holds That Review of Such Determinations Is for Abuse of Discretion - In a pair of companion cases decided on April 29, 2014, the U.S. Supreme Court provided key guidance on several significant issues concerning...more

Octane Fitness and Patent Eligibility

The Supreme Court’s decision in the patent fee shifting case, Octane Fitness, LLC v. Icon Health & Fitness, Inc., No. 12-1184, has literally nothing to do with patent eligibility. However, it does demonstrate an approach to...more

Are Patent Trolls Likely to Become More Circumspect in Filing Strategies After Recent SCOTUS Opinions?

The recent Octane Fitness and Highmark, Inc. opinions, both authored by Justice Sotomayor after unanimous holdings by the United States Supreme Court, were a welcome development for corporate defendants in patent infringement...more

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

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...more

Two Supreme Court Decisions May Make Frivolous Patent Cases A Bad Bet

In two unanimous decisions handed down yesterday, the United States Supreme Court has offered some encouragement to defendants who choose to litigate against so-called patent trolls that the cost of doing so may be...more

High Octane Fuel for Curbing Abusive Patent Litigation

On April 29, the U.S. Supreme Court issued two landmark decisions that could curtail abusive patent practices implemented by "patent trolls" or non-practicing entities (NPE) by relaxing the legal standards for awarding...more

U.S. Supreme Court Overturns Federal Circuit Standard for Attorneys’ Fees in Patent Cases

In two unanimous decisions yesterday, the U.S. Supreme Court addressed the standards for granting and reviewing attorneys’ fees under 35.U.S.C. § 285 in Octane Fitness, LLC v. Icon Health & Fitness, Inc. and Highmark Inc. v....more

Supreme Court Unanimously Overrules the Federal Circuit’s Fee-Shifting Framework in Patent Cases

Today, the Supreme Court issued two unanimous decisions that considerably relax the standard for awarding attorney’s fees against plaintiffs who bring meritless patent suits. These decisions are timely given the ongoing...more

Octane and Highmark - Supreme Court lowers standard for awarding attorneys' fees in patent cases

The United States Supreme Court issued two related opinions earlier today regarding the appropriate standard for awarding attorneys’ fees in patent litigation, Octane Fitness, LLC v. Icon Health & Fitness, Inc., and Highmark...more

"Standing Out" -- A Closer Look at the "Exceptional Case" Standard Articulated in Octane Fitness

As we reported earlier today, the Supreme Court issued opinions in the Octane Fitness, LLC v. ICON Health & Fitness, Inc. (Supreme Court docket number 12-1184) and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc. (Supreme...more

Supreme Court Unties The Hands Of Courts To Award Attorney's Fees In Patent Cases

On April 29, 2014, the U.S. Supreme Court issued two unanimous opinions that softened the Federal Circuit’s high standard for awarding attorneys’ fees in patent cases. See Octane Fitness, LLC v. Icon Health & Fitness, Inc.,...more

U.S. Supreme Court Rules That the Decision to Award Attorney Fees in Patent Cases Rests Squarely in the District Court’s...

The Supreme Court, on April 29, 2014, unanimously ruled on two cases related to the Patent Act’s fee shifting provision under 35 U.S.C. § 285.1 In Octane Fitness LLC v. Icon Health & Fitness Inc. (case number 12-1184), the...more

Supreme Court Relaxes Standard For Determining Whether A Case Is Exceptional In Patent Litigation While Raising The Standard Of...

On April 29, 2014, the Supreme Court issued two decisions relating to the determination of whether a case is exceptional and award of attorneys’ fees in patent litigation. The cases are Octane Fitness, LLC v. Icon Health &...more

High Octane Patent Litigation? Supreme Court Relaxes Standards for Awarding Attorneys' Fees While Increasing Deference on Appeal

In twin unanimous opinions issued yesterday, the U.S. Supreme Court has rejected long-standing Federal Circuit rules governing the award of attorneys’ fees to the prevailing party in patent litigation, and appellate review of...more

Supreme Court Strikes Double Blow for Patent Infringement Defendants

Yesterday, the U.S. Supreme Court issued two decisions that will expand the opportunity for a defendant in a patent infringement suit to be awarded attorney fees in an "exceptional case." In Octane Fitness, LLC v. ICON Health...more

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