COURTS SHOULD NOT USE THE TERM ‘NUISANCE VALUE’ ABSENT AN EXPRESS FINDING OF BOTH SUBJECTIVE AND OBJECTIVE BASELESSNESS
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....


