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

Cookies Settings

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

McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
The Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Gift this article