And the proper response from the judge should be "Case dismissed. Come back
when you can state a claim.". The plaintiff holds the patents. They know what
patents they hold. And the first requirement for filing a suit is that you state
what damage you have suffered and why the defendant should be held responsible
for it. For patent infringement that would be what patents were infringed and
how the defendant infringed them. If the plaintiff can't identify any patents
they believe were infringed at the time they file, they fail that first
requirement and should be kicked to the curb right then and there.
Note:
this doesn't mean the plaintiff can't discover more infringement during
discovery, not that they can't add it to the complaint. It merely means that
they have to be able to identify some infringement right at the start, and that
if they want to add things found during discovery they're subject to being
denied on the grounds that they knew about them before filing and it's too late
to add them now. [ Reply to This | Parent | # ]
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