Intellectual Property > IP Newsflash
27 Apr '16

Pursuant to 35 U.S.C. § 285, a court, “in exceptional cases, may award attorney fees to the prevailing party.” A case is “exceptional” when it “stands out from others with respect to the substantive strength of a party’s litigating position (considering both the governing law and the facts of the case) or the unreasonable manner in which the case was litigated.” Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S.Ct. 1749, 1756 (2014).

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