Highmark Inc. v. Allcare Health Management Systems, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-1163 | Fed. Cir. | Feb 26, 2014 | Apr 29, 2014 | 9-0 | Sotomayor | OT 2013 |
Holding: All aspects of a district court's exceptional-case determination under 35 U.S.C. § 285, which allows an award of attorney"s fees to the prevailing party in patent litigation in "exceptional cases," should be reviewed for abuse of discretion.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Sotomayor on April 29, 2014.
SCOTUSblog Coverage
- Opinion recap: Justices want Federal Circuit out of loop on fee disputes in patent cases (Ronald Mann, April 29, 2014)
- Argument recap: Justices hard to read in twin disputes about attorneys fees in patent litigation (Ronald Mann, February 28, 2014)
- Argument preview: Justices to assess attorneys fees in patent litigation (twice in one day!) (Ronald Mann, February 24, 2014)
| Date | Proceedings and Orders |
|---|---|
| 01/31/2013 | Application (12A763) to extend the time to file a petition for a writ of certiorari from March 6, 2013 to April 5, 2013, submitted to The Chief Justice. |
| 02/04/2013 | Application (12A763) granted by The Chief Justice extending the time to file until April 5, 2013. |
| 03/25/2013 | Petition for a writ of certiorari filed. (Response due April 24, 2013) |
| 04/24/2013 | Brief amicus curiae of Blue Cross Blue Shield Association filed. |
| 05/07/2013 | DISTRIBUTED for Conference of May 23, 2013. |
| 05/14/2013 | Response Requested . (Due June 13, 2013) |
| 06/13/2013 | Brief of respondent Allcare Health Management Systems, Inc. in opposition filed. |
| 06/25/2013 | Reply of petitioner Highmark Inc. filed. |
| 06/26/2013 | DISTRIBUTED for Conference of September 30, 2013. |
| 10/01/2013 | Petition GRANTED. |
| 11/07/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 2, 2013. |
| 11/07/2013 | The time to file respondent's brief on the merits is extended to and including January 17, 2014. |
| 11/08/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 11/25/2013 | SET FOR ARGUMENT ON Wednesday, February 26, 2014 |
| 12/02/2013 | Joint appendix filed (2 volumes and supplemental volume). (Statement of costs received) |
| 12/02/2013 | Brief of petitioner Highmark Inc. filed. |
| 12/04/2013 | Record received from U.S.C.A. Federal Circuit. (1 Box) |
| 12/09/2013 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 12/09/2013 | Brief amicus curiae of the United States filed. |
| 12/09/2013 | Brief amici curiae of Google Inc., et al. filed. VIDED (see 12-1184). |
| 12/09/2013 | Brief amicus curiae of Apple Inc. in support of neither party filed. VIDED (see 12-1184). |
| 12/09/2013 | Brief amici curiae of Yahoo! Inc., et al filed. VIDED (see 12-1184). |
| 12/09/2013 | Brief amicus curiae of Blue Cross Blue Shield Association filed. |
| 12/09/2013 | Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed. |
| 12/12/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. VIDED. |
| 12/20/2013 | CIRCULATED. |
| 12/23/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/08/2014 | Record received from U.S.D.C. Northern District of Texas (Fort Worth). (7 Boxes), (2 CD's) All records in the 7 boxes are SEALED. The 2 CD's are electronic. |
| 01/17/2014 | Brief of respondent Allcare Health Management System, Inc. filed. (Distributed) |
| 01/24/2014 | Brief amicus curiae of BSA l The Software Alliance filed. (Distributed) |
| 01/24/2014 | Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed) |
| 01/24/2014 | Brief amicus curiae of Boston Patent Law Association. filed. (Distributed) |
| 01/27/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 02/10/2014 | Reply of petitioner Highmark Inc. filed. (Distributed) |
| 02/26/2014 | Argued. For petitioner: Neal K. Katyal, Washington, D. C.; and Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Donald R. Dunner, Washington, D. C. |
| 04/29/2014 | Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| 06/02/2014 | JUDGMENT ISSUED. |
| 06/03/2014 | Record returned for U.S.C.A. Federal Circuit. |
| 06/03/2014 | Record returned for U.S.D.C. Northern District of Texas (Fort Worth Division) |
Issue: Whether a district court”s exceptional-case finding under 35 U.S.C. § 285 (which permits the court to award attorney”s fees in exceptional cases), based on its judgment that a suit is objectively baseless, is entitled to deference.