Having in mind recent supreme court ruling (Octane Fitness, LLC v. ICON Health & Fitness, Inc. case) in favor of defendant in patent infringement case several questions arise.
What Octane attorneys did wrong for appellate court to keep the the district court decision not to classify case as exceptional after evaluating supreme court response? Was it the appeal formulation?.. One of appellate court rejection argument (see docket #241):
Octane challenged only the propriety of our standard for finding a patent case exceptional under Brooks Furniture; Octane did not challenge the factual findings and conclusions underlying the district court’s denial of its § 285 motion.
It seams that appellate court was not willing to reevaluate the facts using new standard.
Is there a lesson to be learned from this? Is appellate court ignoring significantly lowered standards explained by supreme court? Or is it a mistake by defense attorneys? Or provided arguments were not sufficient to show bad faith?..
Bad faith arguments according to Octane (see docket #241):
(i) an email exchange between two ICON sales executives suggesting that the litigation was undertaken as a matter of commercial strategy; and (ii) the fact that ICON is a larger company that never commercialized its ’710 patent. Id. at *4.