By Kathleen Ryland (February 28, 2018, 1:23 PM EST) -- Unsurprisingly, requests for a successful patent litigant's attorneys' fees have become increasingly popular in the wake of the U.S. Supreme Court's seminal 2014 ruling in Octane Fitness LLC v. Icon Health & Fitness Inc.[1] Recent statistics reflect that prevailing patent litigants in the Eastern District of Texas are requesting fees at three times more often than they had pre-Octane Fitness, but that the requests are granted at approximately the same rate both pre- and post-Octane Fitness.[2] This article examines various data and key cases illustrating how the Eastern District, one of the most important patent venues in the country, has handled and disposed of such fee requests — and why....
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