Failure to reassess subject matter eligibility after similar claims invalidated justifies attorneys' fees

Nov 1, 2025

1 minute read

US District Court for Southern District of New York granted Aero Global's motion for attorneys' fees under 35 U.S.C. § 285 against Linfo, LLC after dismissing patent infringement case on pleadings. Court found Linfo's patent objectively invalid under § 101 as abstract concept per Alice decision. Despite another judge invalidating same patent in separate case, Linfo failed to reassess subject matter eligibility and continued litigation. Court noted Linfo asserted patent 80 times across 11 courts with few reaching merits, suggesting settlement-inducing strategy.

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