fitness for healthy life


Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. ___ (2014), is one of two U.S. Supreme Court decisions issued on April 29, 2014 regarding patent lawsuit fee-shifting (the other case being Highmark v. Allcare Health). The Supreme Court essentially made it easier for courts to make the loser pay for all attorney costs, if the lawsuit is regarded as frivolous. In other words, “the Supreme Court’s decision grants judges more leeway to crack down on baseless claims.” The decision is particularly relevant for the so-called patent trolls, which “will have to add a new variable to their calculations before pursuing a marginal lawsuit over their intellectual property: The other side’s legal fees.” The decision was unanimous, with the opinion written by Justice Sonia Sotomayor.

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