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Recent Supreme Court case will affect patent litigation strategies

Octane Fitness LLC v. Icon Health and Fitness Inc. will impact patent troll suits and more

Remember when you were in high school, and you needed a lead for your essay, and, when you had nothing better in mind, you’d start with “Webster’s defines ‘exceptional’ as…” In retrospect, it seems like a bit of a cheat to lean so heavily on the dictionary. Yet that is exactly what the Supreme Court did in the case of Octane Fitness LLC v. Icon Health & Fitness Inc. 

In its decision, the Court discarded the Federal Circuit’s test for determining the awarding of attorney’s fees, which previously consisted of testing whether a case was “objectively baseless” and brought in “bad faith,” thereby making it exceptional. “The strange thing about [the decision] was in discarding the test, the Court gave a dictionary definition of what ‘exceptional’ is,” explains Ken Parker, partner at Haynes and Boone and co-leader of the Patent Litigation Practice Group 

Senior Editor and Community Manager

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Rich Steeves

Richard P. Steeves is Senior Editor and Community Manager of InsideCounsel magazine, where he covers the intellectual property and compliance beats. Rich earned a B.A....

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