1. The filing of an infringement action by a patentee who knows that the accused product or process does not infringe or that the patent is invalid or unenforceable.
2. In an infringement action, a counterclaim alleging that at the time of filing suit, the patentee knew that the accused product or process does not infringe or that the patent is invalid or unenforceable. • A counterclaim for bad-faith enforcement arises under § 2 of the Sherman Act and under the common law of unfair competition. Cf. PATENT-MISUSE DOCTRINE.
