Fee-Shifting and Octane: An Empirical Approach Toward Understanding 'Exceptional'

61 Pages Posted: 23 Apr 2015 Last revised: 10 Dec 2015

See all articles by Hannah Jiam

Hannah Jiam

University of California, Berkeley, School of Law, Students

Date Written: April 21, 2015

Abstract

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 ยง 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

Suggested Citation

Jiam, Hannah, Fee-Shifting and Octane: An Empirical Approach Toward Understanding 'Exceptional' (April 21, 2015). Berkeley Technology Law Journal, Vol. 30, July 2015. Available at SSRN: https://ssrn.com/abstract=2597195

Hannah Jiam (Contact Author)

University of California, Berkeley, School of Law, Students ( email )

Berkeley, CA
United States

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