District Court Considers Post-Octane Fitness Fee Awards
October 22, 2014
Publication| Intellectual Property
In Octane Fitness LLC v. ICON Health & Fitness, 134 S. Ct. 1749 (2014), the U.S. Supreme Court evaluated thelanguage in 35 U.S.C. Section 285, a statute that allows for the award of attorney fees to prevailing parties in”exceptional” patent infringement cases, and rejected a restrictive interpretation of the statute by the U.S. Court ofAppeals for the Federal Circuit. Instead, the court held that an “exceptional” case is “simply one that stands out fromothers with respect to the substantive strength of a party’s litigating position (considering both the governing lawand the facts of the case).” Since Octane Fitness was issued, U.S. District Judge Richard G. Andrews of the District ofDelaware has twice ruled on a prevailing party’s request for attorney fees under Section 285.