The Standard for Awarding Attorney Fees Under 35 U.S.C. Section 285 to Prevailing Parties in Patent Litigation - Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark, Inc. v. Allcare Health Management Systems

Authors

Dennis D. Crouch, University of Missouri School of LawFollow
Jafon Fearson

Document Type

Article

Publication Date

2-2014

Abstract

The Supreme Court granted certiorari in two patent infringement cases that both concern shifting of attorney fees under the “exceptional case” standard of 35 U.S.C. § 285. The Federal Circuit has traditionally been resistant to fee shifting awards—especially in cases where an accused infringer is the prevailing party. In Octane Fitness, petitioner asks the Court to lower the standard for proving an exceptional case. In Highmark, petitioner asks for deference to lower court exceptional case findings.

Recommended Citation

Dennis D. Crouch and Jafon Fearson, The Standard for Awarding Attorney Fees Under 35 U.S.C. Section 285 to Prevailing Parties in Patent Litigation - Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark, Inc. v. Allcare Health Management Systems, 41 Preview of United States Supreme Court Cases 226 (2014).
Available at: https://scholarship.law.missouri.edu/facpubs/773