3. Kilopass v. Sidense
• ISSUE
– What is must a prevailing party demonstrate to
establish the subjective prong of § 285?
• § 285: “exceptional case”
• Highmark: “totality of the circumstances”
– NO SMOKING GUN
4. Kilopass v. Sidense
• HOLDING
– District court’s analysis incomplete
– Subjective issue goes back down on remand
5. Kilopass v. Sidense
• QUESTIONS
– What will happen on remand?
• Line drawing for mixed subjective/objective test
– Does this case help troll litigation?
