IP Blog

35 U.S.C. 285

Patent Plaintiff Losing on Alice Isn’t an Exceptional Case

There was no exceptional case under 35 U.S.C. § 285 where a plaintiff filed and prosecuted a complaint alleging infringement of a patent whose claims were held invalid for failure to claim patent-eligible subject matter under 35 U.S.C. § 101.  Telinit Technologies, LLC v. Alteva, Inc., No. 2:14-CV-369 (E.D. Texas, March 3, 2017).  After a claim construction, the court had...

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