US Supreme Court to reconsider standard for attorneys fees

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

US Supreme Court to reconsider standard for attorneys fees

The US Supreme Court agreed this week to hear two cases that address the standard for deciding whether attorney’s fees should be awarded.

The court has accepted certiorari of Highmark v. Allcare Health Management, and Octane Fitness v. Icon Health and Fitness, which may make it easier to win fees in “exceptional” cases. Both cases stem from patent infringement claims.

In the US, each party is generally responsible for its own legal fees regardless of the outcome of the case, but in “exceptional cases” where one party is found to have abused the court system, they may be ordered to pay their opponent’s costs.

In Highmark v Allcare Health Management, insurance company Highmark is seeking $5 million in costs after it defeated a patent infringement suit by patent licensing business Allcare. The Supreme Court will reconsider the Federal Circuit’s decision to partially reverse a district court decision awarding Highmark the fees.

In Octane Fitness v Icon Health and Fitness, the Federal Circuit ruled that it would use a “rigid and exclusive two-part test” to determine fee-shifting conditions. In hearing the case, the Supreme Court will consider whether the appellate court’s application of the test “improperly appropriates a district court’s discretionary authority to award attorney fees.”

A full list of the latest cases the Supreme Court has decided to accept is available on its website.



more from across site and SHARED ros bottom lb

More from across our site

Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
PE-backed practices now comprise the majority of ranked firms for patent prosecution in the Netherlands, but competitors are confident about their decision to remain independent
The firm says new additions position Brown Rudnick as a market leader in tech, life sciences, and global litigation
Richard Quatrano, counsel at Olshan Frome Wolosky, shares why technology M&A buyers and sellers must verify written IP assignments, as broken ownership chains can undermine valuation, deal terms, and closing certainty
Appointment of AI and copyright expert Anna Naydonov, as well as another partner from Orrick, shows how firms can attract top litigators through leveraging the power of their existing teams
K&L Gates and Baker Botts have recruited leading patent practitioners from Wende IP and EIP, respectively, as they seek to strengthen European patent litigation capabilities
The departure of a large chunk of Spruson & Ferguson's legacy leadership could have destabilised the firm, but it's fighting back with strategic hires and promotions
Gift this article