For years, patent litigators have complained that the U.S. Court of Appeals for the Federal Circuit has set too rigid a standard for fee shifting in patent cases. On Wednesday, the U.S. Supreme Court sounded ready to go to the other extreme and give district judges broad latitude to determine when an attorney fee award is justified.
The court heard argument in two cases: Octane Fitness v. Icon Health and Fitness posed the question of how to interpret Section 285 of the Patent Act, which says attorney fees may be awarded in “exceptional cases.” Highmark v. Allcare Health Management Systems asked how much deference the Federal Circuit should give to district judges when making those awards.
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