Honeywell International Inc. and Honeywell Intellectual Properties Inc. (“Honeywell”) filed suit against numerous defendants in October 2004 for infringement of U.S. Patent No. 5,280,871 (“'371 patent”). On summary judgment, Judge Farnan, of the United States District Court for the District of Delaware ruled from the bench that the '371 patent was invalid for violation of the on-sale bar. Honeywell Int’l Inc. v. Nikon Corp., 672 F.Supp.2d 638, 640 (D.Del. 2009). This court affirmed Judge Farnan’s decision per curiam in February 2011. Honeywell Int’l, Inc. v. Nokia Corp., 400 Fed.Appx. 557 (Fed.Cir. 2010). After this court affirmed Judge Faman’s decision, the defendants filed Fees Motions under 35 U.S.C. § 285. On March 30, 2012, Judge Stark denied defendants’ Fees Motions. Honeywell Int’l Inc. v. Nokia Corp., 2014 WL 2568041 (D.Del. May 30, 2014) (public version). The defendants each timely filed a Notice of Appeal.

During the pendency of this appeal, in a pair of decisions, the Supreme Court set aside our prior precedent under § 285. See Highmark Inc. v. Allcare Health Mgmt. Sys., — U.S. -, 134 S.Ct. 1744, 188 L.Ed.2d 829 (2014); Octane Fitness, LLC v. ICON Health & Fitness, Inc., — U.S. -, 134 S.Ct. 1749, 188 L.Ed.2d 816 (2014). “In those cases, the Court (i) rejected our precedent under § 285 that required both a showing of subjective bad faith and objective baselessness to find a case exceptional, (ii) lowered the burden of proof for proving a case exceptional, and (iii) changed the standard of review on appeal.” Checkpoint Sys. v. All-Tag Sec. S.A, 572 Fed.Appx. 988, 989 (Fed.Cir. 2014).

As the district court applied our prior precedent under § 285, we vacate the district court’s decision on this issue and remand for further consideration of whether the ease should be deemed exceptional under 35 U.S.C. § 285, in light of the Supreme Court’s guidance from Highmark and Octane Fitness.

VACATED AND REMANDED

Costs

Each party shall bear its own costs.