United States Ninth Circuit
SunEarth, Inc. v. Sun Earth Solar Power Co., Ltd., 13-17622
The en banc court held that following Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749 (2014), district courts analyzing a request for attorney fees under the Lanham Act should examine the totality of the circumstances to determine if the case was exceptional, exercising equitable discretion in light of the nonexclusive factors identified in Octane Fitness and Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994), and using a preponderance of the evidence standard. Pursuant to Highmark, Inc. v. Allcare Health Mgmt. Sys.,Inc., 134 S. Ct. 1744 (2014), the court of appeals' review of the district court's decision on fees awarded under the Lanham Act is for abuse of discretion.
Appellate Information
- Published 2016/10/24
Judges
- PER CURIAM
Court
- United States Ninth Circuit