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“Close only counts in horseshoes and hand grenades,” the saying goes. The point is that there are few endeavors where “close enough is good enough.” Suing someone for patent infringement is not one of them. Indeed, the consequences can be more along the lines of throwing the pin at the defendant instead of the grenade: you might just hand the defendant a victory on a motion for attorneys’ fees under 35 U.S.C. § 285, as a recent decision from the Southern District of Ohio shows.

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