FisherBroyles Partner Richard Lehrer Delivers Oral Argument in Case Featured by Law360: Fed. Circ. Side-Eyes No Sanctions For ‘Very Bad’ Game Patent
Jul 9, 2026
FisherBroyles Partner Richard Lehrer recently argued before the U.S. Court of Appeals for the Federal Circuit on behalf of Pen-Tech Associates, Inc. in a case addressing attorney’s fees and sanctions following the invalidation of a patent under the Supreme Court’s Alice framework.
During oral argument, the panel explored whether a patent owner and its counsel have a duty to evaluate patent eligibility before filing suit on a patent that issued prior to Alice—an issue the court noted may present a question of first impression. Richard emphasized the unique facts of the case, arguing that the plaintiff and its counsel were acutely aware of the patent’s potential eligibility issues based on continuation applications in which the USPTO rejected the claims as patentably indistinct from those of the suit patent and ineligible under Alice.
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