Tag Archives: Octane Fitness

On April 10, 2015, in a precedential opinion, the Federal Circuit Court of Appeals–Judge Moore writing–vacated and remanded U.S. District Court Judge Mariana R. Pfaelzer’s 2014 decision denying fees, finding that it “cannot find a basis to support the court’s … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , , | Comments Off on Federal Circuit Held District Court Abused Discretion in Refusing to Award Attorneys’ Fees

We have previously addressed the Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 12-1184, Slip Op. at 7 (2014), which relaxed the standard for awarding attorney’s fees under Section 285 of the Patent Act (“§285”) … Continue reading

Posted in Intellectual Property, Patent Litigation, Trade Secret & Unfair Competition, Trademark & Trade Dress | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Low Octane Levels? Octane Fitness’ Impact in the Trademark and Trade Secret Realms

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 and speculation, with some … Continue reading

Posted in Patent Litigation | Tagged , , , , , | Comments Off on Half a year since Octane

In a continuing a pattern that has seemingly developed over the past several years, the Supreme Court recently overturned two more Federal Circuit decisions relating to key aspects of patent law. In the first case, Nautilus Inc. v. Biosig Instruments, … Continue reading

Posted in Patent Litigation | Tagged , , , , , , | Comments Off on The Supreme Court Overturns Two More Federal Circuit Decisions

In two related decisions, the Supreme Court relaxed the standard to award attorney’s fees under Section 285 of the Patent Act (“§285”) and ruled that decisions on §285 are entitled to deference on appeal.  In the first case, the Court … Continue reading

Posted in Patent Litigation | Tagged , , , | Comments Off on The Supreme Court Gave District Courts more Power to Award Attorney’s Fees in Patent Litigation