Legal Opinion

Edward Lewis Tobinick, MD v. M.D. Steven NOvella

Court of Appeals for the Eleventh Circuit

Decided March 8, 2018No. 16-16210PublishedCited by 60 opinions

1Opinion of the Court

MARTIN, Circuit Judge:

*1113 Dr. Edward Tobinick appeals the District Court's award of attorney's fees to Dr. Steven Novella. Dr. Tobinick argues both that the District Court's decision to award attorney's fees and the amount of fees it awarded were made in error. This case presents an issue of first impression for our circuit. That is, whether 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 , 188 L.Ed.2d 816 (2014), also…

2Cases cited21 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Mattie Norman, Clara Marshall, Individually and on Behalf of All Others Similarly Situated v. The Housing Authority of the City of MontgomeryCourt of Appeals for the Eleventh Circuit · 1988
  3. Fair Wind Sailing Inc v. H. DempsterCourt of Appeals for the Third Circuit · 2014
  4. Octane Fitness, LLC v. ICON Health & Fitness, Inc.Supreme Court of the United States · 2014
  5. Sunearth, Inc. v. Sun Earth Solar Power Co.Court of Appeals for the Ninth Circuit · 2016

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3Cited by60 opinions

  1. Hard Candy, LLC v. Anastasia Beverly Hills, Inc.Court of Appeals for the Eleventh Circuit · 2019
  2. Overlook Gardens Props., LLC v. Orix United States, L.P.Court of Appeals for the Eleventh Circuit · 2019
  3. PlayNation Play Systems, Inc. v. Velex CorporationCourt of Appeals for the Eleventh Circuit · 2019
  4. VeriSign, Inc. v. XYZ.COM LLCCourt of Appeals for the Fourth Circuit · 2018
  5. LHO Chicago River, L.L.C. v. Joseph PerilloCourt of Appeals for the Seventh Circuit · 2019

55 more not listed; retrieve them via the Exa API.

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