In PIJIP’s ongoing Supreme Court Series, a panel of counsel for amici and parties will discuss the case on the afternoon following oral argument before the Court. On February 26, the Supreme Court will hear oral argument in two patent cases, Octane Fitness v. ICON Health & Fitness and Highmark Inc. v. Allcare Management Systems, Inc.
In these two cases, the Supreme Court will examine the “exceptional case” standard for awarding attorney’s fees in patent cases, as well as the appropriate appellate standard of review for exceptional-case findings. These cases are part of a larger debate occurring in both the courts and Congress over the role that “fee-shifting” should play in balancing the incentives between rights holders (including non-practicing entities) and alleged infringers.
- Steven Holtshouser, Harness Dickey, Counsel of Record for Petitioner, Octane Fitness, LLC
- Ryan Morris, Sidley Austin LLP, Counsel for Respondent, ICON Health & Fitness, Inc.
- Don Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Counsel of Record for Respondent, Allcare Health Management Systems, Inc.
- Brian Pandya, Wiley Rein LLP, Counsel of Record for Amici, Blue Cross Blue Shield, in support of Petitioner, Highmark Inc.
- Moderated by: Prof. Jonas Anderson, American University Washington College of Law
- Brief of petitioner Highmark Inc.
- Brief of respondent Allcare Health Management System, Inc.
- Reply of petitioner Highmark Inc.
- Brief amicus curiae of American Intellectual Property Law Association
- Brief amicus curiae of the United States
- Brief amici curiae of Google Inc., et al.
- Brief amicus curiae of Apple Inc.
- Brief amici curiae of Yahoo! Inc., et al.
- Brief amicus curiae of Blue Cross Blue Shield Association
- Brief amicus curiae of New York Intellectual Property Law Association
- Brief amicus curiae of BSA l The Software Alliance
- Brief amicus curiae of Intellectual Property Owners Association
- Brief amicus curiae of Boston Patent Law Association
SCOTUSblog Entry: Highmark Inc. v. Allcare Management Systems, Inc.