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Intellectual Property

Aug. 16, 2014

The true threshold of patent eligibility

A recurring theme in each of the U.S. Supreme Court's six patent decisions from this past term was the court's attempt to rein in abusive patent litigation. By Blaine H. Evanson and Matthew W. Samuels


By Blaine H. Evanson and Matthew W. Samuels


A recurring theme in each of the U.S. Supreme Court's six patent decisions from this past term was the court's attempt to rein in abusive patent litigation. The court made it easier for a prevailing accused infringer to recoup its attorney fees in the Octane Fitness and Highmark tandem, imposed an increased burden of "definiteness" on patentees in Nautilus, barred patent plaintiffs...

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