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Supreme Court Broadens Ability to Obtain Attorney's Fees in Patent Cases

By Kristin Shusko

The Supreme Court has recently issued opinions relaxing the standards for awarding attorney's fees against a patent enforcer, beginning with its decision on April 29, 2014, in Octane Fitness, LLC v. ICON Health and Fitness, Inc., 134 S. Ct. 1749, 188 L. Ed. 2d 816 (2014).

In Octane Fitness, ICON Health & Fitness sued Octane Fitness, LLC for patent infringement. After the district court granted summary judgment in Octane's favor, Octane moved for attorney's fees under the Patent Act's fee-shifting provision. Section 285 of the Patent Act allows a court to grant attorney's fees to the prevailing party in exceptional cases. 35 U.S.C. '285. The district court denied Octane its claim for attorney's fees finding that the lawsuit was not objectively baseless and that there was no evidence of subjective bad faith. Octane Fitness, LLC, at 1755.

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