Exceptional Case

News & Analysis as of

Judge Forrest Denies Attorneys’ Fees and Ancillary Electronic Discovery Costs

Rejecting claims that the matter was “exceptional” under 35 U.S.C. § 285 so as to permit the recovery of attorneys’ fees, Judge Forrest declined to award fees incurred between the court’s Markman order and order on summary...more

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

Recent SCOTUS Decisions in Intellectual Property Cases

The U.S. Supreme Court heard a landmark number of intellectual property cases during its 2013-2014 term. Below is a summary of recent decisions issued in 2014....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

Federal Circuit Applies Octane Fitness/Highmark Exceptional Case Standard

Innovative Biometric Technology LLC v. Toshiba America Information Systems, Inc. - In April 2014, a unanimous Supreme Court of the United States reversed two opinions of the U.S. Court of Appeals for the Federal...more

Objective Baselessness and Subjective Bad Faith for Exceptional Case Determination Are Still Applicable Even After Octane Fitness

Bianco v. Globus Medical, Inc. - Interpreting recent Supreme Court of the United States precedent that arguably relaxed the legal test for determining whether a case is “exceptional” to warrant an award of attorneys’...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

"This Is A Prototypical Exceptional Case - Fees And Expenses Will Be Awarded"

Lumen View Technology, LLC v. Findthebest.com, Inc. Case Number: 1:13-cv-03599-DLC (Dkt. 83) - Judge Cote used Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749 (April 29, 2014) to justify...more

Supreme Court Update: Four Important Decisions for IP

In the recent cases OCTANE FITNESS, LLC v. ICON HEALTH & FITNESS, INC. and HIGHMARK INC. v. ALLCARE HEALTH MANAGEMENT SYSTEM, INC., the U.S. Supreme Court empowered district court judges to award attorney fees to prevailing...more

Change in Standards for Attorney Fee Awards in Patent Cases

Two recent Supreme Court decisions changed the standards for the award of attorneys’ fees to the prevailing party in patent infringement suits. Section 285 of the Patent Act provides for the award of fees in “exceptional”...more

Two N.C. Supreme Court Rulings in the Neighborhood

Today, the North Carolina Supreme Court issued opinions and rulings on petitions. Readers of this blog will find at least one of the opinions and one of the petition rulings interesting....more

IP Newsflash - June 2014

Federal Circuit Upholds Award of Sanctions for a “Frivolous” Patent Lawsuit - On June 5, 2014, the Federal Circuit affirmed the Southern District of New York’s decision to sanction Appellant and its attorneys for...more

The Shifting Sands Of Fee-Shifting in Patent Cases

Unlike most areas of American jurisprudence, the patent statute expressly permits district judges to shift fees in exceptional cases. “The court in exceptional cases may award reasonable attorney fees to the prevailing...more

IP Newsflash - May 2014

FEDERAL CIRCUIT CASES - Newsgroup Post Held to be A Printed Publication and Anticipatory Prior Art - On May 27, 2014, the Federal Circuit affirmed a decision granting summary judgment of invalidity by 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

Waiting for SCOTUS to Rule in Octane Fitness for Exceptional Case Guidance

Dr. Paula Small v. Implant Direct MFG, LLC d/b/a Implant Direct, LLC - Case Number: 1:06-cv-00683-NRB (Dkt. 349). Judge Buchwald authorized defendant to file a motion...more

Supreme Court Lowers the Bar for Prevailing Parties to Recover Attorney Fees in Patent Litigation

Two decisions handed down by the United States Supreme Court on April 29 will make it easier for a party wrongfully sued for patent infringement to recover attorney fees. As such, the decisions have the potential to...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

At Harness Dickey’s Urging, the Supreme Court Made it Easier to Get Attorney’s Fees in Patent Cases

Harness Dickey secured a landmark ruling for its client Octane Fitness, in a decision issued Tuesday by the United States Supreme Court that alters the legal standard for awarding attorney’s fees in patent cases. Octane...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

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