A Viable Theory Of Sham Infringement Litigation?

Law360, New York (April 13, 2010, 11:41 AM EDT) -- A sham infringement litigation claim involves an assertion of actual or attempted monopolization under Section 2 of the Sherman Act predicated on the alleged meritless enforcement of a patent. For patent infringement litigation to be a sham, it must be objectively baseless and have been brought with the subjective intent of interfering directly with a competitor’s business relationships by using the judicial process as an anti-competitive weapon.

The initial requirement that the litigation be objectively baseless has proven to be a stumbling block for most sham...
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