A U.S. appeals court has backed the idea that parties that lose patent-infringement lawsuits should have to cover the legal fees of winning parties more often. On Thursday, it ordered a judge to decide whether a memory-cell maker owes such fees. "Too many patent owners are bringing claims that are meritless and then settling for a nuisance value with the expectation their claims would never be tested," said lawyer Edward Reines of Weil, Gotshal & Manges. Meanwhile, the Supreme Court and Congress are both considering issues related to patent-assertion entities.

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