The US Court of Appeals for the Federal Circuit reversed and
remanded a district court decision for proper application of the
exceptional case standard set forth in Octane Fitness v. Icon
Health & Fitness (
IP Update, Vol. 18, No. 8), finding that the district
court is required to reconsider the record under the Octane
Fitness standard instead of relying upon the findings in the
original decision. AdjustaCam, LLC v. Newegg, Inc., Case
No. 16-1882 (Fed. Cir., July 5, 2017) (Reyna, J).
AdjustaCam owns a patent directed to a camera clip that supports
a camera on a flat surface or when attached to a computer monitor.
AdjustaCam sued Newegg, among other defendants, for patent
infringement, ultimately moving to dismiss its claims against
Newegg just prior to summary judgment briefing, contingent on
Newegg's right to seek fees after dismissal. A key dispute
among the parties was whether the ball and socket joint of
Newegg's products could meet the claim limitation of
