|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.
|Date||Proceedings and Orders |
|Jan 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.|
|Feb 4 2013||Application (12A763) granted by The Chief Justice extending the time to file until April 5, 2013.|
|Mar 25 2013||Petition for a writ of certiorari filed. (Response due April 24, 2013)|
|Apr 24 2013||Brief amicus curiae of Blue Cross Blue Shield Association filed.|
|May 7 2013||DISTRIBUTED for Conference of May 23, 2013.|
|May 14 2013||Response Requested . (Due June 13, 2013)|
|Jun 13 2013||Brief of respondent Allcare Health Management Systems, Inc. in opposition filed.|
|Jun 25 2013||Reply of petitioner Highmark Inc. filed.|
|Jun 26 2013||DISTRIBUTED for Conference of September 30, 2013.|
|Oct 1 2013||Petition GRANTED.|
|Nov 7 2013||The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 2, 2013.|
|Nov 7 2013||The time to file respondent's brief on the merits is extended to and including January 17, 2014.|
|Nov 8 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Nov 25 2013||SET FOR ARGUMENT ON Wednesday, February 26, 2014|
|Dec 2 2013||Joint appendix filed (2 volumes and supplemental volume). (Statement of costs received)|
|Dec 2 2013||Brief of petitioner Highmark Inc. filed.|
|Dec 4 2013||Record received from U.S.C.A. Federal Circuit. (1 Box)|
|Dec 9 2013||Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.|
|Dec 9 2013||Brief amicus curiae of the United States filed.|
|Dec 9 2013||Brief amici curiae of Google Inc., et al. filed. VIDED (see 12-1184).|
|Dec 9 2013||Brief amicus curiae of Apple Inc. in support of neither party filed. VIDED (see 12-1184).|
|Dec 9 2013||Brief amici curiae of Yahoo! Inc., et al filed. VIDED (see 12-1184).|
|Dec 9 2013||Brief amicus curiae of Blue Cross Blue Shield Association filed.|
|Dec 9 2013||Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.|
|Dec 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.|
|Dec 20 2013||CIRCULATED.|
|Dec 23 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Jan 8 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.|
|Jan 17 2014||Brief of respondent Allcare Health Management System, Inc. filed. (Distributed)|
|Jan 24 2014||Brief amicus curiae of BSA l The Software Alliance filed. (Distributed)|
|Jan 24 2014||Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)|
|Jan 24 2014||Brief amicus curiae of Boston Patent Law Association. filed. (Distributed)|
|Jan 27 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Feb 10 2014||Reply of petitioner Highmark Inc. filed. (Distributed)|
|Feb 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.|
|Apr 29 2014||Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.|
|Jun 2 2014||JUDGMENT ISSUED.|
|Jun 3 2014||Record returned for U.S.C.A. Federal Circuit.|
|Jun 3 2014||Record returned for U.S.D.C. Northern District of Texas (Fort Worth Division)|
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