Previously Denied Motion for Attorneys’ Fees Reconsidered and Granted Under Octane Fitness

Following the Supreme Court's decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 134 S.Ct. 1749 (April 29, 2014), the court granted plaintiff's motion to reconsider an earlier order denying plaintiff's motion for attorneys’ fees under 35 U.S.C. § 285. "Under the discretionary, flexible framework endorsed by the Supreme Court, the Court finds that this case is exceptional within the context of § 285. The Court does not alter its previous finding that there was no evidence of bad faith or litigation misconduct. . . . However, contrary to [defendant's] argument, Octane Fitness makes clear that these findings are not required for an award of fees under § 285. Rather, employing the more flexible approach embraced by the Supreme Court, the Court finds that this case 'stands out from others with respect to the substantive strength of [defendant's] position.' This is not to say that [defendant's] decisions to file infringement counterclaims and pursue litigation were necessarily objectively baseless. . . . The Court, however, finds that this case is uncommon based on the absence of evidence supporting [defendant's] theories of infringement at summary judgment. . . . Despite ample time to obtain evidence supporting its theories of infringement, the only evidence [defendant] submitted to support its claims were excerpts from websites purportedly explaining the effects of stress on different materials."

Medtrica Solutions Ltd. v. Cygnus Medical LLC, 2-12-cv-00538 (WAWD July 10, 2014, Order) (Lasnik, J.)