Judge Confirms $4.7M Atty Fees Award In Highmark IP Saga

Law360, San Diego (June 23, 2015, 11:08 PM EDT) -- A Texas federal judge on Tuesday upheld an award of nearly $4.7 million in attorneys' fees to Highmark Inc. in its long-running declaratory judgment fight against Allcare Health Management Systems Inc., finding that Allcare's unsuccessful case over an information management system patent remained "exceptional" in light of the new standard set out by the U.S. Supreme Court in the Octane Fitness case.

U.S. District Judge Terry Means ruled that his initial findings in 2010 — that Allcare failed to conduct an adequate pre-filing investigation into its infringement claims, pursued its claims even after its own experts showed them to be without...

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