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Federal Circuit vacates denial of attorney fees in Icon v Octane

Michael Loney, New York

Following the Supreme Court outlining a new test for shifting fees in the case in April, the Federal Circuit has vacated the district court’s denial of attorney fees in Icon Health & Fitness v Octane Fitness and remanded for further consideration

The case had returned on remand after the Supreme Court reversed the Federal Circuit in a 9-0 verdict. The Federal Circuit had affirmed the district court’s ruling that Octane did not infringe an Icon elliptical machine patent but that the...

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