The U.S. Supreme Court on Feb. 26 wrestled with what makes an “exceptional” patent case—justifying an attorney fee award—and appeared dissatisfied with the options available. One of the two cases posing the issue, Highmark v. Allcare Health Management Systems, originated in Fort Worth.
The justices heard arguments in the double-header that challenges the U.S. Court of Appeals for the Federal Circuit’s definition of an “exceptional” case and its use of de novo review of a district court’s decisions on shifting attorney fees.
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