11 Lessons From A Year Of Post-Octane Atty Fee Decisions

Law360, New York (April 2, 2015, 2:47 PM EDT) -- In patent cases, "winning hasn't felt much like winning, particularly for defendants. Even if the court dismissed the case or granted summary judgment, or a jury returned a favorable verdict, a winning defendant had no real chance of recovering the substantial attorney's fees required just to mount a defense."[1]

Under 35 U.S.C. § 285, Congress made it possible to recover attorneys' fees, but "the odds were slim." Id. Then, last April, the U.S. Supreme Court issued Octane Fitness LLC v. Icon Health & Fitness Inc., 134 S. Ct. 1749 (2014), which changed the standard for determining whether a case was "exceptional"...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!