Indicative Ruling: Octane Fitness Does Not Alter Attorneys’ Fee Decision

The court gave an indicative ruling that if its denial of plaintiff's motion for attorneys' fees under 35 U.S.C. § 285 was remanded for reconsideration following the Supreme Court decisions in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 134 S. Ct. 1749 (2014); and Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc., 134 S. Ct. 1744 (2014), it would deny the motion. "Considering the totality of the circumstances, given that the 'evidence was close' and the litigation misconduct was 'modest,' there is not a sufficient basis to conclude that Defendants maintained an exceptionally weak litigating position or advanced exceptionally meritless claims."

Jake Lee v. Mike's Novelties, Inc., et al, 2-10-cv-02225 (CACD July 14, 2014, Order) (Kronstadt, J.)