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

The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Brazilian in-house counsel say law firms’ technology investments have not translated into tangible benefits, meaning tech use is a minor factor when selecting advisers
A lack of comfort among some salaried partners shows why law firms must actively foster inclusion, not merely focus on diversity mandates
Arrival of Laura Alonso, alongside a team of 11, will bring ‘significant value’ to ECIJA clients, says CEO
In the first of a two-part article, lawyers at Spruson & Ferguson and Marshall Gerstein provide an overview of China’s system for appealing against patent invalidation decisions
Lawyers and corporate leaders at INTA’s Business of M&A conference in New York discussed how cross-practice collaboration and early in-house involvement can help deals
Lily Li, partner at Morrison Foerster, shares how her litigation team helped secure victory at the ITC in a patent infringement case
Top talking points also included news of an appellate ruling concerning ‘Pisco’ and Indian drugmakers gearing up to launch generic versions of Ozempic as Novo Nordisk’s patent expires
Gift this article