WCL Events Calendar
Supreme Court Series: Highmark Inc. v. Allcare Management Systems, Inc. and Octane Fitness v. ICON Health & Fitness - Post Argument Discussions
||Wednesday, February 26, 2014
||04:00PM - 06:00PM
||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.
||Program on Information Justice and Intellectual Property
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