I think that the Supreme Court should allow the district courts as much leeway as possible in the area of awarding damages to victorious defendants. Whether or not a patent claim is weak or meritless is too complicated an issue to create a "one size fits all" rule.
I have read the amicus curiae brief that Rob submitted to the Supreme Court in Alice v CLS. I think that he did an outstanding job. In his brief he interweaves the facts about computer technology with the various Supreme Court decisions on the matter to completely destroy the Alice in Wonderland world of software patent law created by the Federal Circuit Appeals Court.
I think that the Supreme Court should allow the district courts as much leeway as possible in the area of awarding damages to victorious defendants. Whether or not a patent claim is weak or meritless is too complicated an issue to create a "one size fits all" rule.
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Steve Stites