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"Ei incumbit probatio qui." I know it's not the case for civilian law in the US. I was only pointing out strategies for change. Your point about plaintiffs wit
by MrQuincle 11y ago
"Ei incumbit probatio qui." I know it's not the case for civilian law in the US. I was only pointing out strategies for change.
Your point about plaintiffs with small budgets is an interesting one. Do you have examples of a David (individual) successfully suing Goliath over patents?
Burdening the system with more lawsuits isn't necessary if you immediately get a yellow card when committing a schwalbe. :-)
- justinlardinois 11y agoYes, just googling "small plaintiff ip case" brought up one example: https://www.iplitigationcurrent.com/2014/10/08/attorneys-fees-awarded-to-small-businesss-to-advance-considerations-of-compensation-and-deterrence/ https://www.iplitigationcurrent.com/2014/10/08/attorneys-fee... Not sure why you ask though. Are you getting at that looking out for small plaintiffs is a waste of time if they never win anyways? Because I don't think that's a good road to go down. To address your last point, defamation is something that has to be proven in the US, and the standards for it are quite high (compared to the UK, for example, at least). A defendant can't attempt to argue and prove damages caused by the plaintiff without filing a countersuit, so I'm not sure how courts could go about handing out "yellow cards."