How “Exceptional” is Your Patent Case?


On October 1st, the Supreme Court granted certiorari in two patent infringement cases:  Octane Fitness, LLC v. Icon Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System.  Both cases address the “exceptional” standard under the U.S. patent laws, which is a prerequisite finding for a district judge to “award reasonable attorney fees to the prevailing party.”

Before we dive into the implications of the Supreme Court’s prospective rulings, let us first look at these two cases that have taken center stage in this issue.

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Scott McBride is a partner in McAndrews’ Chicago office. He focuses on patent litigation and works with a wide array of technologies, with an emphasis on the life sciences, including medical devices and biotechnology. Scott can be reached at Michael Carrozza is an associate at the firm and can be reached at

Originally published in Intellectual Property Today.

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