9th Cir.;
13-17622

The en banc court of appeals overruled circuit precedent and remanded an action to a three-judge panel for further proceedings. The court held that district courts analyzing a request for fees under the Lanham Act should examine the “totality of the circumstances” to determine if the case was exceptional, exercising equitable discretion in light of nonexclusive factors identified by the Supreme Court and using a preponderance of the evidence standard.