Supreme Court Series: Highmark Inc. v. Allcare Management Systems, Inc. and Octane Fitness v. ICON Health & Fitness - Post Argument Discussions

Wednesday, February 26, 2014
4:00 PM - 6:00 PM
American University Washington College of Law
4801 Massachusetts Avenue, NW, Washington, DC
Room TBC
*CLE*


In the first case the issue is whether the Federal Circuit’s promulgation of a rigid and exclusive two-part test for determining whether a case is “exceptional” under 35 U.S.C. § 285 improperly appropriates a district court’s discretionary authority to award attorney fees to prevailing accused infringers in contravention of statutory intent and this Court’s precedent, thereby raising the standard for accused infringers (but not patentees) to recoup fees and encouraging patent plaintiffs to bring spurious patent cases to cause competitive harm or coerce unwarranted settlements from defendants. In the second case, In this case the issue is whether a district court’s exceptional-case finding under 35 U.S.C. § 285 (which permits the court to award attorney’s fees in exceptional cases), based on its judgment that a suit is objectively baseless, is entitled to deference.

Presented by the Program on Information Justice and Intellectual Property

WCL Alumni, AU & WCL Students, Faculty & Staff – No Charge
General Public - No Charge
(registration is required)


CLE Accreditation - $ 55.00

(1.5 credit hours) will be applied for as requested to different states.

For further information, please contact:
Office of Special Events & Continuing Legal Education
American University Washington College of Law
Phone: 202.274.4075; Fax: 202.274.4079; or secle@wcl.american.edu


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