Fed. Circ. Atty Fee Standard Is Too Tough, High Court Told

Law360, New York (April 9, 2013, 7:04 PM EDT) -- An exercise equipment company that successfully defended itself against allegations of patent infringement has asked the U.S. Supreme Court to loosen the Federal Circuit's standard for winning attorneys' fees, saying the current requirements for "exceptional" cases enable meritless suits.

Octane Fitness LLC beat accusations last year that it had stolen a patented design for elliptical machines from exercise equipment giant Icon Health & Fitness Inc., but both the trial court and Federal Circuit denied fees because the case wasn't “exceptional” enough to warrant them. Octane has...
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