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Expert Analysis

3 Takeaways From Post-Octane Fitness Cases

Law360, New York ( November 26, 2014, 10:08 AM EST) -- Approximately six months ago, the U.S. Supreme Court issued two unanimous opinions that had the potential to significantly impact patent litigation. First, in Octane Fitness LLC v. Icon Health & Fitness Inc., 134 S.Ct. 1749 (2014), the court overturned the Federal Circuit's standard for determining when a case is "exceptional" under 35 U.S.C. §285.[1] The previous standard permitted a defendant to obtain fees only when it could show inequitable conduct in obtaining the patent, "litigation-related misconduct of an independently sanctionable magnitude or ... that the litigation was both 'brought in subjective bad faith' and 'objectively baseless.'"[2]...

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