Post-Octane Fitness Considerations In East Texas

Law360 (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...

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