IP at the Supreme Court Series: Highmark Inc. v. Allcare Management Systems, Inc.

Supreme Court Building

February 26, 2014
4:15pm | Room 603 

Reception to Follow

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


Whether the appellate court applied an improper standard of review to the district court's determination that Allcare pursued objectively baseless claims against Highmark.


Decision: April 29, 2014
Argument: TranscriptAudio

All briefs available on SCOTUSblog: Highmark Inc. v. Allcare Management Systems, Inc.