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« Finnavations LLC v. Payoneer, Inc. (D. Del. 2019) | Main | Nuvo Pharmaceuticals (Ireland) Designated Activity Co. v. Dr. Reddy's Laboratories Inc. (Fed. Cir. 2019) »

May 20, 2019

Comments

Pong.

This was a good analysis. The recent article by Stephen McBride and Michael D. West "The Intersection Of Octane Fitness And Alice" also notes a “double whammy” danger for suits like this. The suing patent owner can lose on Alice-101 AND be made to pay the defendants attorney fees! [Unless they had a viable counter-argument to the Alice 101 motion.]
[Fortunately most suits disposed of on that basis are disposed of early on, before either party has been subjected to a lot of discovery or trial preparation costs running up recoverable attorney fees.]

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