The U.S. Supreme Court finds that the District Court may make the exceptional-case determination under 35 U.S.C. § 285 in the exercise of their discretion. The exceptional-case determination may be reviewed by an appellate court only for abuse of discretion.
Results for “exceptional cases”
The Supreme Court rejects the Brooks Furniture framework and standard of review established by the Federal Circuit for determining exceptionality under 35 U.S.C. § 285, and holds that fee shifting only requires a discretionary inquiry by the District Court.