WPEM, LLC v. SOTI, Inc.

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent

Question(s) Presented

1. “Does a patent’s presumption of validity afforded by 35 U.S.C. §282 limit a district court’s discretion to find a case exceptional under 35 U.S.C. §285 when it is only later discovered the accused technology is prior art?”

2. “Given the clear and convincing evidence standard to invalidate a patent, does a district court have the discretion to find a case exceptional under 35 U.S.C. §285 based upon asserted but unproven grounds of invalidity and unenforceability?”

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