MD Court Finds Case Not Exceptional Under Octane Fitness

Monday, October 10, 2016

Judge Catherine C. Blake denied defendant TWi’s motion for attorneys’ fees under 35 U.S.C. § 285.   Applying a totality of the circumstances test under the Supreme Court’s 2014 Octane Fitness, LLC v. ICON Health & Fitness, Inc., the Court found that TWI did not demonstrate that plaintiff Par acted in subjective bad faith, in an unreasonable manner, with objective unreasonableness, or outside the normal range of conduct by an adversary in litigation.  The Court thus concluded that the case was not “exceptional” and denied the motion.  Par Pharm., Inc. v. TWi Pharms., Inc., No. CCB-11-2466, 2016 WL 5404546 (D. Md. Sept. 27, 2016).