Battle Set for Supreme Court Arguments on Awarding Attorneys’ Fees in Patent Cases

On February 26, two cases will be heard at the U.S. Supreme Court on standards for awarding attorney fees in patent cases. In Highmark Inc. v. Allcare Health Mgmt. Sys., Inc. and Octane Fitness, LLC v. Icon Health & Fitness, Inc. two different questions are posed. Finnegan partner Donald R. Dunner filed the Allcare respondent's brief, arguing that the “’objective baselessness’ standard ‘is derived from the centuries-old concept of probable cause,’ a legal issue that must be reviewed de novo.” Finnegan represents Allcare in this matter.