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Octane Fitness v. Icon Health and Fitness

Docket No.12-1184
Op. BelowFed. Cir.
ArgumentFeb 26, 2014
Vote9-0
AuthorSonia Sotomayor
OpinionApr 29, 2014
TermOctober Term 2013
SCOTUS PageOpinion

Holding

Section 285 of the Patent Act authorizes a district court to award attorney's fees in patent litigation in "exceptional cases" " that is, cases which stand out from the others with respect to the substantive strength of a party"s litigating position or the unreasonable manner in which the case was litigated. District courts should determine whether a case is exceptional "in the case-by-case exercise of their discretion, considering the totality of the circumstances." The Federal Circuit"s Brooks Furniture Mfg. v. Dutailier framework, pursuant to which a case is "exceptional" only if the district court finds either litigation-related misconduct of an independently sanctionable magnitude or determines that the litigation was both "brought in subjective bad faith" and "objectively baseless," superimposes an inflexible framework onto statutory text that is inherently flexible.

Judgment

Reversed and remanded, 9-0, in an opinion by Sonia Sotomayor on Apr 29, 2014.

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.

Proceedings & orders timeline

Mar 27, 2013
Petition for a writ of certiorari filed. (Response due April 29, 2013)
Apr 19, 2013
Order extending time to file response to petition to and including May 29, 2013.
May 29, 2013
Brief of respondent ICON Health & Fitness, Inc. in opposition filed.
Jun 4, 2013
DISTRIBUTED for Conference of June 20, 2013.
Jun 6, 2013
Reply of petitioner Octane Fitness, LLC filed. (Distributed)
Jun 26, 2013
DISTRIBUTED for Conference of September 30, 2013.
Oct 1, 2013
Petition GRANTED.
Oct 31, 2013
Blanket 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, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 2, 2013.
Nov 6, 2013
The time to file respondent's brief on the merits is extended to and including January 17, 2014.
Nov 25, 2013
SET FOR ARGUMENT ON Wednesday, February 26, 2014
Dec 2, 2013
Brief of petitioner Octane Fitness, LLC filed.
Dec 2, 2013
Motion to file the joint appendix under seal with redacted copies for the public record filed by petitioner Octane Fitness, LLC.
Dec 2, 2013
Joint appendix filed. (Redacted copy)
Dec 4, 2013
Record received from U.S.C.A. Federal Circuit. (1 Box)
Dec 6, 2013
Brief amici curiae of Robin Feldman, and U.C. Hastings Institute for Innovation Law in support of either party filed.
Dec 9, 2013
Brief amicus curiae of BSA - The Software Alliance filed.
Dec 9, 2013
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Dec 9, 2013
Brief amici curiae of Google Inc., et al. filed. VIDED (see 12-1163).Dec 9, 2013
Brief amicus curiae of Apple Inc. in support of neither party filed. VIDED (see 12-1163).
Dec 9, 2013
Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Dec 9, 2013
Brief amicus curiae of Food Marketing Institute filed.
Dec 9, 2013
Brief amicus curiae of Intellectual Property Owners Association filed.
Dec 9, 2013
Brief amici curiae of Computer & Communications Industry Association, et al. filed.
Dec 9, 2013
Brief amici curiae of Vermont, et al. filed.
Dec 9, 2013
Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed.
Dec 9, 2013
Brief amici curiae of Yahoo! Inc., et al. filed. VIDED.
Dec 9, 2013
Brief amicus curiae of United States filed.
Dec 9, 2013
Brief amici curiae of 3M Co., et al filed.
Dec 9, 2013
Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Dec 11, 2013
Motion DISTRIBUTED for Conference of January 10, 2014.
Dec 12, 2013
Record 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, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 13, 2014
Motion to file the joint appendix under seal with redacted copies for the public record GRANTED.
Jan 17, 2014
CIRCULATED.
Jan 17, 2014
Brief of respondent ICON Health & Fitness, Inc. filed. (Distributed)
Jan 27, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 18, 2014
Reply of petitioner Octane Fitness, LLC filed. (Distributed)Feb 26, 2014
Argued. 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.
Apr 29, 2014
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined, and in which Scalia, J., joined except as to footnotes 1-3.
Jun 2, 2014
JUDGMENT ISSUED.
Jun 3, 2014
Record returned for U.S.D.C. District of Minnesota.
Jun 3, 2014
Record returned for U.S.C.A. Federal Circuit.

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