District Courts Trend Toward Discouraging Weak Patent Suits
Law360 (August 26, 2019, 3:33 PM EDT) -- In March 2019, the U.S. District Court for the District of Delaware granted defendants’ attorney fees in the twin cases of Finnavations v. Payoneer Inc. and Finnavations v. Stitch Labs Inc. after finding the plaintiff’s patent abstract and invalid. The reasoning for this relief was simple — the asserted patent was clearly abstract, and it should never have been asserted in the first place. The court granted over $200,000 in attorney fees.
This ruling marks an important strategy consideration for patent defendants who receive sudden and sometimes surprise patent infringement complaints. A recent litigation trend involves patent plaintiffs’ implementing a volume-based strategy of suing multiple defendants with the...
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