Octane Fitness v. Icon Health and Fitness
SUPREME COURT CASES RELATED BY THIS ISSUE
Does the Federal Circuit’s promulgation of a rigid and exclusive two-part test for determining whether a case is “exceptional” under 35 U.S.C. § 285 improperly appropriate a district court’s discretionary authority to award attorney fees to prevailing accused infringers in contravention of statutory intent and this Court’s recedent, thereby raising the standard for accused infringers (but not patentees) to recoup fees and encouraging patent plaintiffs to bring spurious patent cases to cause competitive harm or coerce unwarranted settlements from defendants?
This case is not decided yet.
Cert. Petition filed 3/27/13. Granted 10/1/13.