Citing Octane, 5th Circuit Remands Fee Denial In Trademark Case
(May 4, 2016, 11:57 AM EDT) -- NEW ORLEANS — A trademark infringement defendant could be entitled to an award of attorney fees in light of the new standard for exceptionality set by the U.S. Supreme Court in the patent case Octane Fitness LLC v. Icon Health and Fitness Inc. (134 S. Ct. 1749 ), according to a May 3 ruling by the Fifth Circuit U.S. Court of Appeals (Clark Baker, et al. v. Jeffrey Todd DeShong, No. 14-11157, 5th Cir.; 2016 U.S. App. LEXIS 8014).