10th Circuit Declines to be the Exception and Follows Patent Act Standard for Prevailing Party Attorney’s Fees in “Exceptional Cases” under Lanham Act

Since the Supreme Court’s 2014 decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., district courts have had expanded discretion to award prevailing party attorney’s fees in “exceptional cases” under the Patent Act, pursuant to 35 U.S.C. § 285. Section 35 of the continue reading...