While the Supreme Court’s decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc. significantly relaxed the standard for awarding attorney fees under 35...more
Both courts and litigants are only now appreciating the full impact of the Supreme Court’s 2014 decisions on fee shifting in patent cases. Key Points: ..Successful Section 285 motions have increased substantially in the...more
The U.S. Supreme Court announced last week that it will decide two cases concerning the issue of when district courts may award enhanced damages to patentees upon a finding of infringement. Stryker Corp. v. Zimmer, U.S., No....more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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