Mealey's IP/Tech - 'Exceptional' Standard In Patent Cases Debated At Supreme Court

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals' exceptionality test for an award of attorney fees, whereby a prevailing party must demonstrate objective baselessness and subjective bad faith, is "extreme," an attorney told the U.S. Supreme Court on Feb. 26 (Octane Fitness LLC v. ICON Health & Fitness Inc., No. 12-1184, U.S. Sup.).

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