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San-Ei v. Nexira on the abuse of the right to sue for infringement: an isolated case or the beginning of a disturbing case law for right holders?
the abuse of the right to sue for infringement : When it comes to infringement proceedings, it is common for the defendant to counterclaim for abuse of process, and equally common for the defendant to be dismissed. The dismissal of such claims is usually based on the grounds that the plaintiff may be mistaken about the scope of his rights and that the mere bringing of such action is not abusive per se.