NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

HIGHMARK, INC., Plaintiff-Appellee,

v.

ALLCARE HEALTH MANAGEMENT SYSTEMS, INC., Defendant-Appellant. ______________________

2011-1219 ______________________

Appeal from the United States District Court for the Northern District of Texas in No. 4:03-CV-1384-Y, Senior Judge Terry R. Means. ______________________

SUA SPONTE ______________________

Before NEWMAN, MAYER, and DYK, Circuit Judges. PER CURIAM. ORDER The court sua sponte enters the following order in Highmark, Inc. v. Allcare Health Management Systems, Inc. (No. 11-1219). 2 HIGHMARK, INC. v. ALLCARE HEALTH MANAGEMENT

IT IS ORDERED THAT: The parties are hereby directed to file briefs, not to exceed fifteen pages each, addressing the impact of the Supreme Court’s decisions in Highmark, Inc. v. Allcare Health Management Systems, Inc., 134 S. Ct. 1744 (2014) and Octane Fitness, LLC v. Icon Health & Fitness, Inc., 134 S. Ct. 1749 (2014) on this case and how the court should proceed following the remand of the case from the Supreme Court. The briefs shall be filed no later than July 28, 2014. FOR THE COURT

June 30, 2014 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court

cc: Cynthia E. Kernick Donald R. Dunner