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HIGHMARK, INC. v. ALLCARE HEALTH MANAGEMENT SYSTEMS, INC.

No. 2011-1219.

687 F.3d 1300 (2012)

HIGHMARK, INC., Plaintiff-Appellee, v. ALLCARE HEALTH MANAGEMENT SYSTEMS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 7, 2012.

Attorney(s) appearing for the Case

Cynthia E. Kernick , Reed Smith, LLP, of Pittsburgh, PA, argued for plaintiff-appellee. With her on the brief were James C. Martin , Kevin S. Katona and Thomas M. Pohl .

Donald R. Dunner , Finnegan, Henderson, Farabow, Garrett & Dunnerr, LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Erik R. Puknys , of Palo Alto, CA. Of counsel on the brief was Dan S. Boyd , The Boyd Law Firm, P.C., of Dallas, TX.

Opinion for the court filed by Circuit Judge DYK. Dissenting in part opinion filed by Circuit Judge MAYER.

DYK, Circuit Judge.

Allcare Health Management Systems, Inc. ("Allcare") appeals from an order of the United States District Court for the Northern District of Texas finding this case exceptional under 35 U.S.C. § 285 and awarding attorneys' fees and costs to Highmark, Inc. ("Highmark"). See Highmark, Inc. v. Allcare Health Mgmt. Sys. Inc. ("Exceptional Case Order"), 706 F.Supp.2d 713...

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