One Year On, Octane Causing More Hard-Fought Patent Cases

By Ryan Davis (May 1, 2015, 5:00 PM EDT) -- It has been one year since the U.S. Supreme Court's Octane Fitness ruling made it easier for courts to require losing parties in patent cases to pay their opponents' fees, and attorneys say the new standard is spurring more companies to fight suits they think are baseless rather then settle to avoid legal costs.

A year ago Wednesday, the high court threw out an old standard that set a high bar for prevailing parties to show they are entitled to fees, and held that fees are appropriate in exceptional cases that "stand out from others." Fees were so rarely awarded before...

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!


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!