Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. __ (2014) (No. 12-1184) and Highmark, Inc. v. Allcare Health Management System, Inc., 572 U.S. __ (2014) (No. 12-1163)

Key points:

• Under 35 U.S.C. § 285, an “exceptional” case is one that stands out from others with respect to the substantive strength of a party’s litigating position or the unreasonable manner in which the case was litigated.
• District courts may determine whether a case is “exceptional” in the case-by-case exercise of their discretion, considering the totality of the circumstances. That district court decision is to be reviewed for abuse of discretion.