Important Intellectual Property Cases at the Supreme Court - Octane Fitness and Highmark

Intellectual Property Practice Group Courthouse Steps Teleforum
Start : Wednesday, February 26, 2014 02:00 PM
End : Wednesday, February 26, 2014 03:00 PM

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Federalist Society Teleforum Conference Call

Featured Speakers:
Gregory Dolin


On Wednesday, February 26, 2014, the Supreme Court will hear two cases dealing with relief available to a prevailing party in patent litigation. Section 285 of the Patent Act allows the court, upon the finding that the case is “exceptional,” to award reasonable attorney fees to the prevailing party. The Federal Circuit has long held that in order to satisfy the “exceptional” standard there must be a showing that the arguments made to the court are not just “baseless,” “frivolous,” or “objectively unreasonable,” but that the losing party must have known that its arguments are in fact frivolous.

In Octane Fitness, the Court will address whether this two-prong test is the correct standard under Section 285, while in Highmarkthe Court will address a narrower issue of whether the District Courts findings under Section 285 are entitled to deference.


  • Prof. Gregory Dolin, Co-director, Center for Medicine and Law, University of Baltimore School of Law

Call begins at 2:00 p.m. Eastern Time.

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