Protests 106833-K of Hirkos Trading Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Octane Fitness standard applies not only to Patent Act cases but also to Lanham Act cases
• holding that a preponderance of the evidence standard applies to the Patent Act’s identical provision
• holding that a district court may find that a case is exceptional where the prevailing party proves by a preponderance of the evidence that 20 presents either subjective bad faith or exceptionally meritless claims
• holding that preponderance of the evidence is the proper burden for similar fee-shifting language in the Patent Act, and noting the standard is true of “comparable fee-shifting statutes” and is “generally applicable in civil actions”
• holding that “an ‘exceptional’ case is simply one that stands out from others with respect to the substantive strength of a party's litigating position (considering both the governing law and the facts of the case
• holding that the federal Patent Act requires “something less than bad faith”

Source: CourtListener parenthetical corpus (CC0).