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

Posted by William P. Ramey III | Feb 11, 2026 | 0 Comments

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....

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