Parties seeking attorney fees more frequently after Octane Fitness, but they are not more successful

This posts analyzes trends at the district courts pre and post Octane Fitness (decided April 29, 2014). The pre-Octane-Fitness period runs from March 2011 to April 29, 2014. And the post-Octane-Fitness  period runs from April 30, 2014 to Jun 2, 2017. The data includes only attorney-fees determinations under § 285. The motion granted category includes both those granted in full and those partially granted. The data includes only those motions in the first instance (not those on remand, on reconsideration, or those objecting to the magistrate’s recommendation). The data does not include motions denied without prejudice.


Figure 1: District courts are seeing more attorney fee motions filed after Octane Fitness. The total number of filed motions increased by 82% from 185 pre Octane to 337 post Octane. 


Figure 2: Although parties are filing more attorney-fee motions, the district court grant rate has not changed much since Octane Fitness (it increased from 30% to 32%). Notably, the E.D. Tex. has the lowest grant rate of the noted districts, and the D. Del. has the highest.


Figure 3: In the year or so following Octane Fitnessthe attorney-fee grant rate shot up, reaching a high of 45% during the first half of 2015. The grant rate has since decreased and leveled off.



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