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Declaratory Judgments Frivolous Lawsuits

Mintz - Intellectual Property Viewpoints

Rule 11 Sanctions Appropriate for Frivolous Inventorship Pleading

While litigants may oft use Rule 11 prematurely or inappropriately, it does have its proper time and place when deployed as intended. In the patent context, examples include when claim elements are clearly missing in an...more

Haug Partners LLP

The Federal Circuit’s “Sharp Tongue” When it Comes to Bad Attorney Behavior

Haug Partners LLP on

“Sticks and stones may break my bones … but [sharp] words [from the Federal Circuit] will make me wish I never went to law school.” The judges of the Federal Circuit understandably become frustrated when attorneys...more

Shutts & Bowen LLP

Are the Pleading Standards for Method Claims More Rigorous in the Context of Rule 11?

Shutts & Bowen LLP on

No. Micro Processing Technology, Inc. sent a letter to Plasma-Therm alleging that Plasma-Therm was infringing MPT’s patent. Plasma-Therm filed a declaratory judgment action seeking a declaration that it did not infringe....more

Fox Rothschild LLP

Sanctions For False Pleadings

Fox Rothschild LLP on

In many cases, clients ask us if we can file a motion against the other party for filing a false or frivolous pleading. In a recent opinion, the Commonwealth Court of Pennsylvania outlined the way in which a party must file a...more

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