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"...

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