Octane and Highmark — Supreme Court lowers standard for awarding attorneys’ fees in patent cases
By Jeremy T Elman and Andrew N Stein
The US Supreme Court has issued two related opinions regarding the appropriate standard for awarding attorneys’ fees in patent litigation: Octane Fitness LLC v Icon Health & Fitness Inc and Highmark Inc v Allcare Health Management System Inc. At issue in Octane was whether the ‘exceptional case’ standard for awarding attorneys’ fees in patent litigation under 35 USC § 285 was too high and at issue in Highmark was whether a district court’s award under § 285 should be subject to deference or reviewed de novo. Justice Sonia Sotomayor delivered the opinion of the court in both cases, which was unanimous except for Justice Antonin Scalia disagreeing with three footnotes in Octane.
While the effect of these decisions on reducing patent troll litigation remains to be seen, they could have an immediate impact on the various legislative patent litigation reform proposals being considered in Congress.
The court’s opinions lower the standard for awarding attorneys’ fees and reviewing such decisions, overruling the Federal Circuit’s standard from Brooks Furniture Mfg Inc v Dutailier Int’l Inc, 393 F. 3d 1378 (2005)…
Click on the link below to read the rest of the DLA Piper briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.