iLOR, LLC v. Google, Inc.’s Empirical Analysis
631 F.3d 1372 · 2011
Citation profile
16 federal appellate · 6 district ·
Relationships
Applies 28 U.S.C. § 1295 · 28 U.S.C. § 1920 · 35 U.S.C. § 285
Relies on Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc. · Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-Cross · Safeco Insurance Co. of America v. Burr · In re Seagate Technology, LLC · Genentech, Inc. v. Chiron Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 285 must be interpreted against the background of the Supreme Court’s decision in Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., 508 U.S. 49 , 113 S.Ct. 1920 , 123 L.Ed.2d 611 (1993). There, the Court recognized that the right to bring and defend litigation implicated First Amendment rights and that bringing allegedly frivolous litigation could only be sanctioned if “objectively baseless in the sense that no reasonable litigant could realistically expect success on the merits.” Id. at 60 , 113 S.Ct. 1920”
1 later decision quote this exact passage · from the majority“[t]here is a presumption that the assertion of infringement of a duly granted patent is made in good faith[,] ... the underlying improper conduct and the characterization of the case as exceptional must be established by clear and convincing evidence.”
1 later decision quote this exact passage · from the majority“willful infringement, fraud or inequitable conduct in procuring the patent, misconduct during litigation, vexatious or unjustified litigation, conduct that violates Fed.R.Civ.P. 11, or like infractions”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.