Sentences with phrase «objective baselessness»

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.»

However, the Federal Circuit in Globetrotter did not elaborate on the analysis of objective baselessness in the context of patent infringement, concluding that the suit was not objectively baseless because a genuine issue of material fact existed with respect to non-infringement of the patent at issue.

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.

The «objective baselessness» standard is borrowed from antitrust preemption doctrine, which states that a lawsuit «must be objectively baseless in the sense that no reasonable litigant could realistically expect success on the merits.

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 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.