Fed. Circ. Wipes Out $10M Patent Fee Award Under Octane

Law360, New York (June 5, 2017, 5:09 PM EDT) -- The Federal Circuit on Monday reversed an award of $10.3 million in attorneys’ fees in a patent case over anti-theft tags used in stores, finding that the district judge misapplied the U.S. Supreme Court’s Octane Fitness ruling in deciding that fees were warranted.

The appeals court held that a Pennsylvania federal judge erred in concluding that the patent suit that Checkpoint Systems Inc. brought unsuccessfully against All-Tag Security SA and Tyco unit Sensormatic Electronics was “exceptional.”

The high court held in Octane in 2014 that a patent case is exceptional and fees are warranted when it “stands out from others” based...

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