The U.S. Supreme Court again unanimously reversed the U.S. Court of Appeals for the D.C. Circuit, this time in two cases relating to attorney fees for patent infringement: Octane Fitness v. Icon Health & Fitness, No. 12-1184, and Highmark v. Allcare Health Mgmt. Sys., No. 12-1163.
The Federal Circuit is now 0-3 in cases before the court so far this term, and it has persuaded a grand total of zero justices to support affirmance in any of those cases. See Medtronic v. Mirkowski Family Ventures, No. 12-1128 (U.S. Jan. 22, 2014) (unanimous reversal). With three Federal Circuit cases still pending before the court (including the potential blockbuster of Alice Corp. Pty. v. CLS Bank Int’l, No. 13-298), this term could signal a sea change in patent law.
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