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Expert Analysis

Octane Will Fuel New Practices In Patent Fee Litigation

Law360, New York (May 29, 2014, 7:56 PM EDT) -- ​The U.S. Supreme Court's recent decision in Octane Fitness LLC v. Icon Health & Fitness Inc.[1] to lower the bar for awarding attorneys' fees in patent cases is likely to increase both the frequency of fee petitions and their rate of success. These consequences are entirely foreseeable and even intended. Among the unintended consequences of this decision, however, and its companion decision in Highmark Inc. v. Allcare Health Management Systems Inc.,[2] are likely to be changes in the way patent fee petitions are litigated....

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