Rigsby Discusses Supreme Court's Reversal on Exceptional Case Review, Merit Standards

Partner Cynthia Rigsby was quoted in a Bloomberg BNA: Patent, Trademark & Copyright Journal article published on April 30, 2014, titled “Supreme Court Reverses Federal Circuit On Exceptional Case Review, Merit Standards.” The article explained the U.S. Supreme Court decision to throw out appeals court rulings in ICON Health & Fitness Inc v. Octane Fitness LLC and Allcare Health Management v. Highmark Inc. and the future implications for the Federal Circuit. Rigsby was quoted, “If a district court determines that a case is exceptional because a litigant persisted in an unreasonable and incorrect position on claim construction, and the Federal Circuit reversed the claim construction ruling, you could expect an abuse of discretion ruling as well.’’