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.[1] and Finnavations v. Stitch Labs Inc.[2] 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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