Questions presented: 1. Whether, in resolving a motion for attorneys’ fees under 35 U.S.C. § 285 brought by a defendant, the Eastern District of Texas and the Federal Circuit may disregard this Court’s analytical framework provided in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749, 1756 (2014) (“Octane”), and create and apply a special, heightened burden of proof whenever the patent plaintiff avoids adjudication on the merits by unilaterally dismissing its case before judgment?; 2. Whether the Eastern District of Texas rule requiring proof by clear and convincing evidence that a lawsuit is frivolous improperly limits or circumvents Octane, in which this Court rejected both requirements?