Edward Lewis Tobinick, MD v. M.D. Steven Novella, No. 15-14889 (11th Cir. 2018)Annotate this Case
The "exceptional case" standard for awarding attorney's fees in Patent Act cases, as articulated by the Supreme Court’s recent decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. ___, 134 S. Ct. 1749 (2014), also applies to Lanham Act cases. In this case, plaintiff appealed the district court's award of attorney's fees to defendant, arguing that the district court's decision to award attorney's fees and the amount of fees awarded were made in error. The court held that the district court did not abuse its decision here by applying the "exceptional case" standard.
This opinion or order relates to an opinion or order originally issued on February 15, 2017.