2014-05-07T00:57:00+00:00
United States Supreme Court in Octane Fitness LLC v. Icon Health & Fitness Inc.
The United States Supreme Court in Octane Fitness LLC v. Icon Health & Fitness Inc. and Highmark Inc. v. Allcare Health Management Systems Inc. unanimously replaced the standard for awarding attorneys’ fees in patent infringement actions, changing the “objectively baseless” and “brought in subjective bad faith” tests to a “totality of the circumstances” test, and held that the appeal of a decision to award attorneys’ fees is subject to an abuse of discretion standard rather than de novo review.