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. ยง 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 attorney's fees in patent litigation (Ronald Mann, February 28, 2014)
- Argument preview: Justices to assess attorney's 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. ยง 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.