“In Highmark Inc. v. Allcare Health Management System, Inc., 572 U.S. 559 (2014), the Supreme Court held ‘that an appellate court should review all aspects of a district court’s § 285 determination for abuse of discretion.’ . . . On the same day, the Supreme Court also held in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. 545 (2014), that ‘[d]istrict courts may determine whether a case is “exceptional” [under 35 U.S.C. § 285] in the case-by-case exercise of their discretion, considering the totality of the circumstances.’”
Whether the panel’s opinion “fails to apply either Highmark’s abuse of discretion standard of review or Octane Fitness’s totality-of-the-circumstances rubric.”
