I suppose our work is made easier by the stark
baselessness of the charges «revealed» by the emails — six independent inquires (six!)
The law should also include an additional criterion giving broader authority to the courts to account for other factual situations, such as, «other indicia of
objective baselessness» or «other indicia that no reasonable person would have considered their potential case to have merit.»
The same accusation is hurled at skeptic climate scientists, and none of my critics people rise to the challenge of disputing what I say about
the baselessness of the larger accusation.
In a more recent case, Globetrotter Software, Inc. v. Elan Computer Group, Inc., the court elaborated on the decision in Zenith by holding that an allegedly «bad faith» patent assertion must pass the «objective
baselessness» standard to survive federal preemption of state - law counterclaims for tortious interference with prospective economic advantage and unfair competition.
The bill does include objective criteria of
baselessness, such as if the patentee knows its patent is invalid (see, sections (b)(6) and (b)(7)(and possibly (b)(8)(B), but that would be a stretch in my view), which have previously supported a finding of objective baselessness.
Of course the AG would still need to meet the standard of «objective
baselessness» — but the deterrence factor alone may have a valuable dampening effect on troll activity in Vermont.
In the past, the Federal Circuit has been quick to look to the definition of «objective recklessness» for guidance in interpreting the meaning of «objective
baselessness,» and this has been an increasingly high burden for parties to meet.