SUNEARTH, INC., a California corporation; THE SOLARAY CORPORATION, a Hawaiian corporation, Plaintiffs-Appellants, v. SUN EARTH SOLAR POWER CO., LTD., FKA Ningbo Solar Electric Power Co., Ltd., a Chinese limited liability company; NBSOLAR USA INC., a California corporation, Defendants-Appellees., 839 F.3d 1179

Summary

HOLDINGS: [1]-Based on the U.S. Supreme Court's rulings in Octane Fitness and Highmark, Inc., which changed the standard for fee-shifting under the Patent Act, 35 U.S.C.S. § 185, to require an examination of the totality of the circumstances to determine if a case was exceptional in light of identified non-exclusive factors, fee awards in cases filed pursuant to the Lanham Act, 15 U.S.C.S. § 1117(a), should be determined in the same manner because the fee-shifting provisions in both acts were parallel and identical, warranting interpretation of the provision in one act to guide interpretation of the parallel provision in the other act; [2]-Also in accordance with the Supreme Court's rulings, the fee award determination should be based on a preponderance of the evidence and review of such awards should be for an abuse of discretion.