Fitzpatrick Case Update
April 29, 2014
On April 29, 2014, the United States Supreme Court lowered the bar for prevailing litigants in certain patent suits to seek attorneys’ fees, reversing a Federal Circuit panel decision to hold that the Federal Circuit’s traditional framework for assessing “exceptional cases” under 35 U.S.C. § 285 is unduly rigid and impermissibly encumbers the discretion of district courts. Octane Fitness, LLC v. ICON Health & Fitness, Inc., No. 12-1184 (Apr. 29, 2014). The Court also held that an appellate court should review all aspects of a district court’s exceptional case determination for abuse of discretion. Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc., No. 12-1163 (Apr. 29, 2014).