Counsel in Supreme Court Fee Shifting Case Says Decision Will Affect More Than Just Trolls

Ahead of oral arguments in the U.S. Supreme Court case Highmark Inc. v Allcare Management Sys Inc. Finnegan partner Erik R. Puknys spoke with IAM. He represents respondent Allcare in the case and explained “the case is about more than the ‘troll problem’ Highmark has focused its arguments on.” Puknys noted that Allcare’s position advocates for the Federal Circuit to maintain primary jurisdiction for patent-related appeals. “I cannot see the logic in how Highmark’s argument helps defendants,” he said. “It is clear that defendants are on the losing end of these cases just as often as plaintiffs are. Having the Federal Circuit able to correct legal errors of a district court judge helps both sides. A defendant on the wrong end of a decision is just as helpless as a plaintiff is.” In amicus briefs, Allcare received support from both the legal profession and advocacy groups.