Feature

The Rule 11 Approach to Sanctions in Patent Cases

Todd H. Flaming

©2014. Published in Landslide, Vol. 7, No. 1, September/October 2014, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

A common perception is that something is wrong with patent litigation—there is too much of it, there are too many frivolous cases, and it costs industry too much.1 Whether or not that is true, achieving the goal of having the right amount of litigation is tricky, particularly using blunt-instrument approaches like artificial barriers to filing cases or difficult-to-predict large sanctions as penalties.

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