Octane Fitness v. ICON

News & Analysis as of

Octane Fitness Changes the Landscape for Trademark Cases Too

Fair Wind Sailing, Inc. v. Dempster - Addressing for the first time the application of the Supreme Court decision in Octane Fitness to trademark cases, the U.S. Court of Appeals for the Third Circuit held that a...more

IP News You Need to Know - November 2014

In This Presentation: - USPTO POST-GRANT PROCEEDINGS: LESSONS LEARNED AFTER 2 YEARS - Rationales for Denial of Petition - Rationales for Claims Surviving Final Decision - Considerations for Multi-Forum...more

Patent Litigation and Generic Drug Companies: How to Avoid Becoming an “Exceptional Case”

2013 brought generic drug companies increased financial and legal hurdles when it came to marketing their products in the U.S. First, substantial new GDUFA “user fees” got levied on generics for access to the FDA. Then, the...more

Recent Developments in Patent Law for Medical Device Companies

In This Presentation: - Recent Patent Cases From The Supreme Court - Medical Device Patent Statistics and Cases - USPTO Post-Grant Proceedings: Lessons Learned After Two Years - Excerpt from Recent Cases...more

Highmark and Octane Helped, But Legislation on Fee Shifting Still Necessary

There is a continued need for patent reform to address the asymmetrical costs that patent litigation imposes on defendants. Given the substantial costs imposed on U.S. technology companies by the number of suits brought by...more

Half a year since Octane

It’s been nearly half a year since the Supreme Court, in Octane Fitness, ostensibly lowered the standard for finding a patent case to be exceptional for purposes of fee-shifting. At the time, Octane generated much commentary...more

How Have Courts Interpreted the Recent Guidance of the Supreme Court on When to Afford Attorneys’ Fees Under the Patent Act?

During the last term, the Supreme Court issued a number of opinions related to patents. One of these opinions was Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749, 188 L. Ed. 2d 816 (2014), a case dealing...more

Federal Circuit Remands Trio of Attorneys’ Fee Award Cases Back to District Courts

Icon Health & Fitness, Inc. v. Octane Fitness, LLC; Checkpoint Systems, Inc. v. All-Tag Sec., S.A.; Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc. - In the span of 10 days, and in the wake of the U.S Supreme Court...more

Attorneys' Fees Awarded to Small Business Patent Owner to Advance Considerations of "Compensation and Deterrence"

A recent case in the District of Connecticut demonstrates that courts may be more willing to award attorneys’ fees to a small plaintiff, encouraging such a plaintiff to protect its patent when it is the plaintiff’s “primary...more

Recent Developments In Information Technology Law – Third Quarter 2014

The 2013-14 term of the Supreme Court ended with multiple decisions on intellectual property issues. Over the past few months, the Court issued a number of patent law related opinions covering ground from claim...more

IP Newsflash - September 2014

Federal Circuit Remands for Reconsideration of $6.6 Million Attorney Fees Award On September 4, 2014, the Federal Circuit remanded a case to the district court to reconsider an attorney fees award in light of the Supreme...more

IP Newsflash - August 2014 #4

DISTRICT COURT CASES - Showing of a Substantial Case of Irreparable Harm to Losing Plaintiff Justifies Injunction Against Defendant During Appeal - Following a bench trial, but before the court issued a...more

Judge Crotty denies attorney and expert fees

In a matter related to Case no. 1:13–cv-01358–PAC, Abbvie requested attorney and expert fees following the court’s determination that U.S. Patent No. 7,846,442 (“Methods of treating rheumatoid arthritis with an anti-TNF-alpha...more

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

SCOTUS Roundup: How were patent trolls affected?

While much of the attention this year has fallen on Congress and its now failed attempts to pass patent law reform, the U.S. Supreme Court may have quietly provided significant ammunition to those trying to curb abusive...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

IP Quarterly - Summer 2014

In This Issue: - Supreme Court Hears Six Patent Cases This Term - Is Implied License the New Fair Use? - Navigating the Murky Waters of the Domestic Industry Requirements in the International Trade...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

Intellectual Property and Technology News - Issue 22, Q2 2014

In This Issue: - Celebrity Endorsements on Social Media: 7 Tips For Navigating The Right Of Publicity - Landmark Privacy Ruling In Europe - US Congress May Act Again On Patent Reform - Supreme Court...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

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