Judge: William C. Bryson
Holding: Motion for Exceptional Case Status & Attorney's Fees Denied
This case represents another data point under 35 U.S.C. § 285, in which a prevailing party sought an award of attorneys fees and costs. After reviewing the current state of the law following the U.S. Supreme Court's decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749, 1756 (2014), Judge Bryson denied the request, finding that the defendant's claims that the case was exceptional because the plaintiff had allegedly (1) asserted a clearly invalid patent, (2) litigated an infringement position that the court expressly forbade; (3) asserted a baseless damages theory; and (4) engaged in bad faith litigation (which the Court found was a repackaging of the three prior grounds) did not support such a finding.