Has the Patent Fee Shifting Analysis of Octane Fitness Influenced Fee Shifting in Trade Secret Cases?

In TNS Media Research, LLC v. TiVo Research & Analytics, Inc., 2014 U.S. Dist. LEXIS 155914 (S.D.N.Y. Nov. 4, 2014), the Southern District of New York applied the Supreme Court’s recent Octane Fitness decision in awarding awarded attorney fees to patent defendant Kantar.  Octane Fitness v. ICON Health & Fitness 134 S. Ct. 1749 (2014); http://www.seyfarth.com/publications/OMM050114-IP. 

 

The district court also awarded Kantar fees it incurred in successfully defending trade secret misappropriation claims.  Did Octane Fitness influence the court’s fee award for the trade secret claim, notwithstanding the different standards for fee shifting between the Patent Act and state trade secret laws? 

 

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