Justices To Review Attys' Fees Test In Patent Fights

Law360, San Diego (October 1, 2013, 4:24 PM EDT) -- The U.S. Supreme Court agreed Tuesday to weigh in on an exercise equipment patent case that raises the question of whether the Federal Circuit’s “exceptional” case standard for prevailing parties to collect attorneys’ fees should be lowered.

The high court granted a petition by Octane Fitness LLC, which beat accusations last year that it had stolen a patented design for elliptical machines from exercise equipment giant Icon Health & Fitness Inc., but was denied fees because the case wasn't “exceptional” enough to warrant them. Octane has...
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