MBHB Attorneys Draft Amicus Brief Filed in the U.S. Supreme Court Urging for Interpretation of the “Exceptional Case” Test to Discourage Frivolous Litigation Positions in Patent Suits

McDonnell Boehnen Hulbert & Berghoff LLP attorneys Paul Berghoff and Erin Woelker drafted an amicus brief on behalf of the Intellectual Property Owners Association, filed December 9, 2013 in the U. S. Supreme Court, urging an interpretation of Section 285 of the Patent Act that would provide greater incentive for parties to assert and maintain only legitimate claims and defenses in patent suits. The case is Octane Fitness, LLC, v. Icon Health & Fitness, Inc. The brief argues that, in the context of positions taken by parties in litigation, whether a case is “exceptional” under Section 285 should turn only on whether the position taken by the non-prevailing party was objectively reasonable and not on any subjective intent. View the amicus brief