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Octane Fitness, LLC v. ICON Health & Fitness, Inc.: Rejecting Brooks Furniture's Rigid Standard for Fee-Shifting in Patent Litigation

Bylined Articles
MSBA Annual IP Law Update 2014

In this article, Peter A. Jackman discusses the Supreme Court's ruling in Octane Fitness, LLC v. ICON Health & Fitness, Inc. As Mr. Jackman explains, the ruling "greatly liberalized the standard by which district courts award attorney fees to the prevailing parties of a patent litigation." The article examines the Supreme Court's ruling, the previous statutes regarding fee-shifting, and possible implications regarding future patent litigation.

To read the full article, please download the attached PDF and visit pages 18 and 19.

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