Exceptional Case

Sue-And-Settle NPE Patent Litigation Tactics May Violate USPTO Ethics Rules

5 Comments / Litigation Ethics, Office of Enrollment and Discipline, Patent Ethics, Patent Litigation Ethics, USPTO Ethics Investigation / By

Non-practicing entities who engage in a pattern of filing numerous lawsuits without any intention of testing the merits, solely to extract low ball settlements, should take note that the USPTO’s Office of Enrollment and Discipline (OED) takes a keen interest in such conduct.  A recent “exceptional case” decision in a patent case from federal court […]

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Plaintiff Gets Judicial Scolding: “If This Case Is Not Exceptional, Then There Are None”

4 Comments / Attorneys Fees, District Court Litigation, IP Litigation Sanctions, Litigation Ethics, Patent Ethics, Patent Litigation Sanctions / By

It says a lot when the busiest patent judge in the United States calls a patent lawsuit “the clearest example of an exceptional case” he has ever seen. That is precisely what happened earlier this week, when Judge Rodney Gilstrap of the Eastern District of Texas, who personally handles one-quarter of all patent cases filed

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