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I believe you don't understand what a frivolous lawsuit really is.
I believe frivolous just about covers it from how you defined it. Would you say his claim, on the face of it, is with merit or is more than merely trivial? Not sure how you say it is not frivolous? My comment was merely a tongue in cheek remark considering Apples history of patent disputes with other rival firms. In any case I am assuming you are basing the fact that it is not frivolous on the basis that the claimant is represented by a lawyer. Does that mere fact stop something being frivolous?