Tobinick v. Novella, No. 16-16210, 2018 U.S. App. LEXIS 5845 (11th Cir. Mar. 8, 2018)
The “exceptional case” standard for awarding attorney’s fees under the Patent Act, also applies to Lanham Act, 15 U.S.C.S. § 1117(a).

This case presents an issue of first impression for the Eleventh Circuit. That is, whether the “exceptional case” standard for awarding attorney’s fees in Patent Act cases, as articulated by the Supreme Court in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S., 134 S. Ct. 1749, 188 L. Ed. 2d 816 (2014), also applies to Lanham Act cases. Every circuit to have considered the issue has said that it does. The Eleventh Circuit also concluded that it does. The Eleventh Circuit noted that The Patent Act’s attorney’s fee provision is identical to that in the Lanham Act. Compare 15 U.S.C. § 1117(a), with 35 U.S.C. § 285. (“The court in exceptional cases may award reasonable attorney fees to the prevailing party.”)  Beyond that, courts generally have looked to the interpretation of the patent statute for guidance in interpreting the attorney’s fees provision in the Lanham Act.