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Octane Fitness v. Icon Health and Fitness

Docket No. Op. Below Argument Opinion Vote Author Term
12-1184 Fed. Cir. Feb 26, 2014
Tr.Aud.
TBD TBD TBD OT 2013

Issue: Whether the Federal Circuit’s promulgation of a rigid and exclusive two-part test for determining whether a case is “exceptional” under 35 U.S.C. § 285 improperly appropriates a district court’s discretionary authority to award attorney fees to prevailing accused infringers in contravention of statutory intent and this Court’s precedent, thereby raising the standard for accused infringers (but not patentees) to recoup fees and encouraging patent plaintiffs to bring spurious patent cases to cause competitive harm or coerce unwarranted settlements from defendants.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 27 2013Petition for a writ of certiorari filed. (Response due April 29, 2013)
Apr 19 2013Order extending time to file response to petition to and including May 29, 2013.
May 29 2013Brief of respondent ICON Health & Fitness, Inc. in opposition filed.
Jun 4 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 6 2013Reply of petitioner Octane Fitness, LLC filed. (Distributed)
Jun 26 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 1 2013Petition GRANTED.
Oct 31 2013Blanket consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner and counsel for the respondent.
Nov 6 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 2, 2013.
Nov 6 2013The time to file respondent's brief on the merits is extended to and including January 17, 2014.
Nov 25 2013SET FOR ARGUMENT ON Wednesday, February 26, 2014
Dec 2 2013Brief of petitioner Octane Fitness, LLC filed.
Dec 2 2013Motion to file the joint appendix under seal with redacted copies for the public record filed by petitioner Octane Fitness, LLC.
Dec 2 2013Joint appendix filed. (Redacted copy)
Dec 4 2013Record received from U.S.C.A. Federal Circuit. (1 Box)
Dec 6 2013Brief amici curiae of Robin Feldman, and U.C. Hastings Institute for Innovation Lawin support of either party filed.
Dec 9 2013Brief amicus curiae of BSA - The Software Alliance filed.
Dec 9 2013Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Dec 9 2013Brief amici curiae of Google Inc., et al. filed. VIDED (see 12-1163).
Dec 9 2013Brief amicus curiae of Apple Inc. in support of neither party filed. VIDED (see 12-1163).
Dec 9 2013Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Dec 9 2013Brief amicus curiae of Food Marketing Institute filed.
Dec 9 2013Brief amicus curiae of Intellectual Property Owners Association filed.
Dec 9 2013Brief amici curiae of Computer & Communications Industry Association, et al. filed.
Dec 9 2013Brief amici curiae of Vermont, et al. filed.
Dec 9 2013Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed.
Dec 9 2013Brief amici curiae of Yahoo! Inc., et al. filed. VIDED.
Dec 9 2013Brief amicus curiae of United States filed.
Dec 9 2013Brief amici curiae of 3M Co., et al filed.
Dec 9 2013Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Dec 11 2013Motion DISTRIBUTED for Conference of January 10, 2014.
Dec 12 2013Record received from U.S.D.C. District of Minnesota (1 Box) The record is SEALED. Record also received from U.S.D.C. District of Minnesota (1 Envelope).
Dec 23 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 13 2014Motion to file the joint appendix under seal with redacted copies for the public record GRANTED.
Jan 17 2014CIRCULATED.
Jan 17 2014Brief of respondent ICON Health & Fitness, Inc. filed. (Distributed)
Jan 27 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 18 2014Reply of petitioner Octane Fitness, LLC filed. (Distributed)
Feb 26 2014Argued. For petitioner: Rudolph A. Telscher, Jr., St. Louis, Mo.; and Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Carter G. Phillips, Washington, D. C.
 
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