In The News

Recent Supreme Court case will affect patent litigation strategies

Inside Counsel

02 May 2014

Colette Reiner Mayer, a partner in the firm’s Intellectual Property Group, was quoted in the article, “Recent Supreme Court case will affect patent litigation strategies” published by Inside Counsel on May 2, 2014.

In the article, she discusses the Supreme Court’s decision in Octane Fitness LLC v. icon Health & Fitness Inc, which discarded the Federal Circuit’s test for determining the awarding of attorney’s fees. “After the decision came out, the general consensus is that on one knows what the new standard should be,” she said. “They went to the dictionary definition, but what does that mean? What’s clear, though, is that, for a long time, we as counsel have rarely filed for fees, since it was so clearly a high standard, you were never going to get them. But the Court has sent the signal not that it should be an option.”

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