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From personal experience defending such suits, the bar is effectively so low to be imperceptibly higher than ground level. In the rare case it would be relevant
by ballenf 10y ago
From personal experience defending such suits, the bar is effectively so low to be imperceptibly higher than ground level. In the rare case it would be relevant, it's just as expensive or moreso to make that claim as defend the underlying case.
In this case, based on just reading the article alone, it would be a very hard claim to make against Acushnet. Even if the patents could be invalidated, until they are they have the presumption of enforceability.
- PatentTroll 10y agoThis. The standards of vexatious litgtation are quite high, as they out to be. Otherwise every defendant would cry tort, and legitimately harmed parties would be dissuaded from using the legal system.
- Para2016 10y agoI'm kind of surprised there is someone defending American patent law - but then I saw your username.