U.S. District Court Awards Octane Fitness $1.6 Million in Attorney's Fees

35 U.S.C. § 285 permits awards of attorneys’ fees only in “exceptional” cases.  As most readers of this blog probably are aware, in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 134 S. Ct. 1749 (2014), the U.S. Supreme Court held that exceptionality should be determined based on the totality of the circumstances.  On July 1 of this year, Judge Ann Montgomery held that Octane was entitled to fees in an amount yet to be determined (see blog post here), and I just learned (courtesy of my colleague Prentiss Cox) that Judge Montgomery has now awarded Octane "attorney’s fees of $1,633,333 and costs of $144,697."  Here is a copy of the decision.  For my blog post on two recent papers presenting some statistics on fee litigation post-Octane Fitness, see here.