“The Federal Circuit took a step towards limiting the use of ‘nuisance value” in mCom IP, LLC v. City National Bank of Florida”
“The Federal Circuit’s Opinion in mCom IP, LLC v. City Nat’l Bank of Fla. Provides useful guidance on § 285.”
Courts should stop using the term “nuisance value” in patent cases. If courts are serious about preserving petitioning rights, encouraging settlement, and keeping § 285 tethered to law rather than intuition, they should retire the term “nuisance value” entirely. The only coherent line is the sham‑litigation line....
This article explores the Supreme Court's requirement that a case must be both objectively baseless and subjectively baseless before a court may consider the content of a settlement offer in supporting any further sanction or award......
The Supreme Court limits the use of settlement communications to establish a sham litigation to cases where both objective and subjective bad faith is found. This article explores why the same requirement of both objective and subjective bad faith is necessary before a settlement demand can be u...
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