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Authored by: Anonymous on Friday, March 01 2013 @ 03:43 PM EST |
To understand the impact one only need to ask a particular question:
How
many of the trollish lawsuits work before someone (whether USPTO, Judge or Jury)
invalidates the patent?
Once you have that, then you can start
asking:
What's the average cost a patent troll would end up
paying
compared with:
What's the average cost in defense and damages
the average entity faces who looses against the trollish patent?
I don't
believe the solution as proposed will do much - if it does anything. That's for
the simple reality that I expect patents succeed in their litigation 1-many
times before the given patent is invalidated. The damages realized from a
single win will more then make up any loss in damages when the patent is
invalidated.
This also assumes that an invalid patent equates to a patent
troll... a reasonably clear definition. And I seriously doubt the "troll"
definition in the Act will be clear enough the trolls can't easily work around
it so they aren't defined as a "troll". Trollish behavior... but it's no longer
defined as trollish.... so it can continue.
RAS[ Reply to This | Parent | # ]
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Authored by: Anonymous on Saturday, March 02 2013 @ 12:10 AM EST |
Even if the Patent Troll ends up paying, how many small
businesses have the financial resources to commit to
spending US$1,000,000 on the legal equivalent of a throw of
the dice on the craps table?
What should happen, is, if the patent troll loses, all
employees, and contractors of both the law firm, and the
patent troll firm, are barred from working in any part of
the legal industry, including education, politics, lobbying,
and consulting of any kind, for forty years. This includes
filing any legal action, for any cause whatsoever. Failure
to adhere to that penalty is an automatic fifty year
sentence in solitary confinement. [ Reply to This | Parent | # ]
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