May 29, 2014
Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Octane Fitness and Highmark: The Supreme Court’s New Standard for Finding a Patent Infringement Case ‘Exceptional,’” presented by Jared E. Hedman. The webinar will take place on Thursday, May 29, 2014, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.
On April 29, in two cases, Octane Fitness LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc., the U.S. Supreme Court issued opinions that significantly alter the Federal Circuit’s rigid standards for establishing and appealing an exceptional case and a related award for attorneys’ fees. The Court’s decisions arguably both ease the requirements necessary for the grant of attorneys’ fees and make it more difficult to challenge a district court’s decision on appeal. As such, the two decisions immediately impact litigation strategies for both pending and contemplated patent infringement cases.
During the webinar, we will discuss the following and more:
- A review of exceptional case and attorney fee-shifting precedent
- The Octane Fitness and Highmark opinions and holdings
- The effects of the decisions—who is potentially impacted and how
Our speaker will be Fitch Even partner Jared E. Hedman. Jared is a trial lawyer who, in addition to a wide range of patent infringement litigation, has represented clients in intellectual property disputes involving breach of contract, trade secrets, and copyright ownership.
- Leveraging Separate IPR Counsel to Maximize Litigation SuccessFitch Even Webinar: November 18, 2021 Read more
IP Alert | USPTO Abused Discretion by Allowing Further Abuse by Ex Parte ReexaminationOctober 22, 2021
On September 29, in In re Vivint, Inc., the Federal Circuit clarified the interplay between petitions for IPR and a subsequent request for ex parte reexamination. Read more