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Analysis

5 Things We’ve Learned In 5 Years Since Octane Fitness

Law360 (May 14, 2019, 10:35 AM EDT) -- It has been just over five years since the U.S. Supreme Court’s Octane Fitness ruling made it easier for courts to award attorney fees in patent cases deemed “exceptional,” adding a new wrinkle to many cases. Here’s what we’ve learned since 2014 from case law interpreting the decision.

Fee Awards Are More Common, But Still Unusual

The high court stripped away a Federal Circuit test that had set a very high bar for what constitutes an exceptional patent case where the losing party must pay its opponent’s attorney fees, replacing it with a looser standard that fees are warranted when a case...

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