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ARTICLE · 30 APRIL 2014

Supreme Court Decision Alert - April 29, 2014

Mayer Brown
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The Patent Act allows courts to "award reasonable attorney fees to the prevailing party" in "exceptional cases."

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
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Keywords: Patent Act, attorney's fees, Clean Air Act, good neighbour provision, air pollution

Patent Act—Attorney's Fees for Exceptional Cases

Octane Fitness, LLC v. Icon Health & Fitness, Inc., No. 12-1184, and Highmark Inc. v. Allcare Health Management System, No. 12-1163 (described in the October 1, 2013, Docket Report)

The Patent Act allows courts to "award reasonable attorney fees to the prevailing party" in "exceptional cases." 35 U.S.C. § 285. Today, the Supreme Court issued two unanimous opinions that describe the circumstances in which fees may be awarded under § 285 and clarify the standard of review to be applied when a fee determination is challenged on appeal. In Octane Fitness, LLC v. Icon Health & Fitness, Inc., the Court held that § 285 represents a "statutory grant of discretion to district courts" that provides "no precise rule or formula for" determining when fees should be awarded. Octane, slip op. 7-8. And in Highmark Inc. v. Allcare

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