The Supreme Court today issued opinions in Octane Fitness v. Icon Health and Highmark v. AllCare. Together, these two decisions provide sweeping reform to the award of attorney’s fees in patent cases.
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The Bilski decision was handed down by the Supreme Court after a long wait on June 28, 2010. The Court upheld the Federal Circuit’s ruling that the claims at issue were not patentable subject matter. For proponents of reduced patent coverage for business method claims it was a Pyrrhic victory.