5

In that quote, there is a kernel of truth, with a candy-coating of editorializing. The facts If you look at the February 2018 USPTO statistics for the PTAB as an example, the final page shows some stats. Final written decisions: Instituted claims unpatentable No claims: 389 (19%) Some claims: 323 (16%) All claims: 1304 (65%) So one way to view ...


4

The term "in circulation" is a little confusing. Does he mean "patents that are being circulated among potential buyers"? If so, that may well be the case. Prior to Alice and the America Invents Act, issued patents were normally on pretty solid ground. As a result, patent lawyers typically sought claims as broad as possible. In order to infringe a ...


4

Demands for a "simple discretionary inquiry" happens when a court disagree with the Federal circuit imposition of a “clear and convincing evidence” standard on a party seeking to establish entitlement to attorney’s fees. The demands for a "simple discretionary inquiry" is under section 285, which means it imposes no specific evidentiary burden, much less ...


3

The provided arguments were not enough to show bad faith, even under the lower threshold. Your listed arguments for bad faith are not really bad faith. Litigation as commercial strategy is a business decision every business has to make. Either you stand on your rights through litigation or you give those rights up. And there is no legal requirement in the US ...


2

A patent owner may not even have the right to practice their patent if it is an add-on or improvement to something else's patented base item.


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