‘Exceptional’ Standard in Patent Cases Debated at Supreme Court

WASHINGTON, D.C. — (Mealey’s) The Federal Circuit U.S. Court of Appeals’ exceptionality test for an award of attorney fees, whereby a prevailing party must demonstrate objective baselessness and subjective bad faith, is “extreme,” an attorney told the U.S. Supreme Court...

Standard of Review For Objective Reasonableness Argued at Supreme Court

WASHINGTON, D.C. — (Mealey’s) The question of whether review of an award of attorney fees is entitled to deference is now before the U.S. Supreme Court, following Feb. 26 oral arguments in a dispute over a patented method for reviewing health care claims ( Highmark Inc. v. Allcare Health...