Highmark, Inc. v. Allcare Health Management Sys., Inc. (U.S. Supreme Court)

Section 285 of the Patent Act permits a prevailing party to recover fees in “exceptional” cases. Attorneys’ fees in patent infringement cases have grown substantially in recent years, and the threat of large fees fuels abusive claims and abusive defenses. The Supreme Court granted certiorari to consider whether an appellate court should review a district court’s award of fees in patent cases under a de novo standard or, instead, for abuse of discretion. We filed an amicus brief on behalf of BSA The Software Alliance, supporting respondent and urging that such awards should be reviewed de novo.


Amicus Brief