One of a handful of patent cases accepted by the Supreme Court this term, Icon Fitness v. Octane Health and Fitness presents the question of whether Brooks Mfg. v. Dutailier, Inc., 393 F.3d 1378 (Fed. Cir. 2005) should be overturned to the extent that it “shoehorned” the rigid, two-part test for sham litigation into the Patent Act’s test for fee shifting. The petitioner, Octane Fitness, LLC, recently filed its brief arguing that the standard should be relaxed and raises several notable points.
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