IP at the Supreme Court Series: Octane Fitness v. Icon Health and Fitness
February 26, 2014
4:00pm | Room 603
Reception to Follow
In PIJIP’s ongoing Supreme Court Series, a panel of counsel for amici and parties will discuss the case on the afternoon following oral argument before the Court. On February 26, the Supreme Court will hear oral argument in two patent cases, Octane Fitness v. ICON Health & Fitness and Highmark Inc. v. Allcare Management Systems, Inc.
In these two cases, the Supreme Court will examine the “exceptional case” standard for awarding attorney’s fees in patent cases, as well as the appropriate appellate standard of review for exceptional-case findings. These cases are part of a larger debate occurring in both the courts and Congress over the role that “fee-shifting” should play in balancing the incentives between rights holders (including non-practicing entities) and alleged infringers.
- Steven Holtshouser, Harness Dickey, Counsel of Record for Petitioner, Octane Fitness, LLC
- Ryan Morris, Sidley Austin LLP, Counsel for Respondent, ICON Health & Fitness, Inc.
- Don Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Counsel of Record for Respondent, Allcare Health Management Systems, Inc.
- Brian Pandya, Wiley Rein LLP, Counsel of Record for Amici, Blue Cross Blue Shield, in support of Petitioner, Highmark Inc.
Moderated by: Prof. Jonas Anderson, American University Washington College of Law
Whether the appellate court's interpretation of "exceptional" under the attorney fees statute improperly raises the standard for accused patent infringers to recoup attorney fees and encourage potential plaintiffs to bring frivolous patent lawsuits that cause competitive harm?
All briefs available on SCOTUSblog: Octane Fitness, LLC v. Icon Health and Fitness, Inc.