Octane Fitness, LLC v. Icon Health & Fitness, Inc. (U.S. Supreme Court)

Section 285 of the Patent Act permits a prevailing party to recover fees in “exceptional” cases. To shift fees to a prevailing party, the Federal Circuit requires that a litigant took both an objectively unreasonable position and acted with subjective bad faith. We filed an amicus brief on behalf of BSA The Software Alliance, arguing that when a litigant maintains a claim or defense that is objectively unreasonable—that lacks a reasonable basis in law or fact—the case is “exceptional,” and the losing party should pay the prevailing party’s fees.


Amicus Brief