News & Analysis as of

Supreme Court of the United States › Exceptional Case

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Mintz - Intellectual Property Viewpoints

Octane Fitness Hits the Showers: Federal Circuit Affirms Attorneys’ Fees Award in Landmark Case

Mintz - Intellectual Property Viewpoints on

After an eight-year battle through the Federal Courts, the fight over attorneys’ fees in Octane Fitness v. ICON Health & Fitness has likely reached its end with the Federal Circuit upholding the hotly disputed $1.6 million...more

McDermott Will & Emery

Consideration Under Octane Fitness Requires Fresh Case Analysis

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed and remanded a district court decision for proper application of the exceptional case standard set forth in Octane Fitness v. Icon Health & Fitness (IP Update, Vol. 18,...more

Knobbe Martens

Federal Circuit Review - July 2017

Knobbe Martens on

District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

Troutman Pepper

BNSF v. Tyrrell: The Other International Shoe Has Dropped

Troutman Pepper on

The availability of any forum aside from a defendant's state of incorporation or principal place of business will require a plaintiff to carefully consider the likelihood of obtaining specific jurisdiction because there is...more

Latham & Watkins LLP

Octane Fitness and Highmark Decisions Turn Three

Latham & Watkins LLP on

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

Schwabe, Williamson & Wyatt PC

Supreme Court and Precedential Federal Circuit Patent Cases

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In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

McDonnell Boehnen Hulbert & Berghoff LLP

eDekka LLC v. 3balls.com, Inc. (E.D. Tex. 2015)

McDonnell Boehnen Hulbert & Berghoff LLP on

As 2015 drew to a close, the toll of the Alice Corp. v. CLS Bank Int'l decision on software and business method patents became apparent. Post Alice, approximately 70% of all patents challenged under 35 U.S.C. § 101 have been...more

Dorsey & Whitney LLP

Supreme Court Will Decide Whether to Relax the Standard for Award of Enhanced Patent Damages

Dorsey & Whitney LLP on

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

Dentons

Attorneys' Fees May be Easier to Obtain in Lanham Act Cases Post-Octane Fitness

Dentons on

Intellectual property litigation is expensive for both the plaintiff and defendant. However, because defendants are required to defend themselves in a lawsuit—in comparison to a plaintiff who has the choice to file and...more

McDermott Will & Emery

Poor Litigation Conduct by Prevailing Party Not Enough to Obviate Exceptional-Case Doctrine - Gaymar Indus., Inc. v. Cincinnati...

McDermott Will & Emery on

Addressing the degree to which litigation conduct can preclude the recovery of fees under 35 U.S. C. § 285, the U.S. Court of Appeals for the Federal Circuit vacated the denial of a fee award, finding that sloppy litigation...more

Akin Gump Strauss Hauer & Feld LLP

An Overview, A Summary And An Update To The Latest Patent Reform

Akin Gump Strauss Hauer & Feld LLP on

Just four years ago in 2011, President Obama signed the America Invents Act (AIA) into law. Since the enactment of the AIA, there has continued to be steady pressure for further reform. In 2013, the Innovation Act was...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2015 #4

Manatt, Phelps & Phillips, LLP on

SPECIAL FOCUS: The Impact of the Supreme Court’s Octane Fitness Decision on Lanham Act Litigation - For the second time in recent years, a Supreme Court decision in a patent case is having a major impact on Lanham Act...more

Knobbe Martens

IP News You Need to Know - November 2014

Knobbe Martens on

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

McDermott Will & Emery

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

McDermott Will & Emery on

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

Winstead PC

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

Winstead PC on

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

Bradley Arant Boult Cummings LLP

Patent Litigation Fee-Shifting

Bradley Arant Boult Cummings LLP on

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

McDermott Will & Emery

Federal Circuit Applies Octane Fitness/Highmark Exceptional Case Standard

McDermott Will & Emery on

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

Robins Kaplan LLP

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

Robins Kaplan LLP on

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

Knobbe Martens

Supreme Court Update: Four Important Decisions for IP

Knobbe Martens on

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

JAMS

Change in Standards for Attorney Fee Awards in Patent Cases

JAMS on

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

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - May 2014

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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

Knobbe Martens

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

Knobbe Martens on

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

Adler Pollock & Sheehan P.C.

Rapid Changes in Standards for Fees in IP Disputes

Adler Pollock & Sheehan P.C. on

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

Robins Kaplan LLP

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

Robins Kaplan LLP on

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

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

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