Section 285 Motion Denied

Originally published by Michael C. Smith.

Following the Supreme Court’s opinion in Octane Fitness changing the standard for award of attorneys fees under Section 285 in patent cases, 285 motions have become significantly more prevalent, providing a vehicle for judicial review of both the reasonableness of a losing party’s claims and its conduct in the litigation – although in practice most cases, at least locally, arise from voluntarily dismissed cases (as in the case of the Federal Circuit’s recent SFA v. Newegg). 

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