US Supreme Court loosens fee shifting standard in Octane and Highmark decisions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

US Supreme Court loosens fee shifting standard in Octane and Highmark decisions

April 29 2014

The Supreme Court has unanimously reversed the Federal Circuit and rejected the Brooks Furniture framework for fee shifting in Octane v Icon, while holding that all aspects of a district court’s exceptional-case determination should be reviewed for abuse of discretion in Highmark v Allcare

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login

Topics

United StatesNewsPatentsNorth AmericaJurisdictions
more from across site and SHARED ros bottom lb

More from across our site

Patents
canada.jpg
IPH hails Canada acquisitions as revenue and profits soar
IPH, which owns several IP businesses in the APAC and Canada, reported a 16.5% increase in revenue and 13% jump in profit after tax
Sukanya Sarkar, August 21 2025
Patents
St patrick day neon background with shamrock and glowing arch. Green and orange circle portal on dark stage with smoke. Irish holiday celebration design concept with copy space
Weekly take: Why Ireland’s reignited UPC interest is welcome relief
With Ireland’s government re-engaging with the idea of a UPC referendum, it provides a chance to improve the system further
Max Walters, August 20 2025
Patents
Jorge Ordonez - Chief Financial Officer -1 cropped (002).jpg
Exclusive: PE-backed Lumenci hires CFO to ‘advance growth’
US-based company says appointment of Jorge Ordonez shows its momentum as a private-equity-backed platform expanding in the IP services market
Sanjana Mishra, August 19 2025
Trademarks
Reflective skyscrapers, business office buildings.
Addleshaw Goddard reports 11% growth as PEP hits £1m
The firm hired an IP litigation team during the reporting period and has entered the Managing IP rankings for trademark work
August 19 2025
Trademarks
Pocky.jpg
Sweet taste of success: How firm won TM protection for ‘Pocky’ shape
Masaki Mikami of Marks IP explains how he helped prove acquired distinctiveness to secure protection for 'Pocky' in Japan
Sukanya Sarkar, August 18 2025
Women in IP
Durie.jpg
‘Tell a compelling story’: Morrison Foerster partner shares IP trial tips
Daralyn Durie discusses the ‘amazing’ opportunity of working on an AI case, the value of celebrating women, and how to build the next wave of talent
Sanjana Mishra, August 18 2025
Trademarks
EUIPO_2k-comp.jpg
This week on MIP: EUIPO’s five million milestone | Denmark tackles deepfakes
New members of the Access Advance patent pool and Harvard University coming under fire were also among the top talking points
Max Walters, August 15 2025
Patents
Businessman with a merger and acquisition A businessman managing a merger and acquisition process
Breaking: Beck Greener acquires UK-based IP firm
Team from Graham Watt & Co will join Beck Greener’s London office
Max Walters, August 14 2025
Patents
Crown Place (1) (002).jpg
Pinsent Masons notes life sciences wins amid modest growth
The firm reported a small uptick in overall revenue and profit per equity partner, while its IP team secured notable life sciences victories
Max Walters, August 14 2025
Patents
SterneK--Paul Ainsworth599.jpg
Sterne Kessler director sounds warning over ‘scary’ food supplement threat
Paul Ainsworth, who secured a settlement for his client in a patent dispute, says the case shows why medical claims by dietary supplement companies can threaten IP rights
Sanjana Mishra, August 14 2025
Gift this article