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

News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
The London elite have dominated IP litigation wins for the past 10 years, but a recent bombshell AI case could change all that
Gift this article