Fee-Shifting and Octane: An Empirical Approach Toward Understanding 'Exceptional'
61 Pages Posted: 23 Apr 2015 Last revised: 10 Dec 2015
Date Written: April 21, 2015
This note examines the legal landscape for fee-shifting in exceptional cases following the Supreme Court's ruling in Octane Fitness, LLC v. ICON Health & Fitness, Inc. This note considers emerging trends post-Octane Fitness based on an empirical analysis of attorneys' fees granted under § 285 post-Octane Fitness and discusses district determinations of "exceptional."
Keywords: Octane Fitness, exceptional, patent, fee-shifting, empirical, 285, attorneys' fees, attorney's fees, exceptionality, patent law
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