IP Blog

Alice Dismissal

Alice Dismissal No Basis for Exceptional Case, Attorney Fees

Having brought a lawsuit for a patent who claims are found invalid under 35 U.S.C. § 101, and an Alice dismissal, is the plaintiff’s conduct “objectively baseless” justifying an award of attorney fees under 35 U.S.C. § 285?  Given the unpredictability of how a court will rule on the question of patent-ineligibility, it is unsurprising that, especially in a close...

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