4 ms·
I was under the impression that filing baseless lawsuits was a tort. Furthermore attorneys are required to make a good-faith investigation of their client's cas
by paulajohnson 10y ago
I was under the impression that filing baseless lawsuits was a tort. Furthermore attorneys are required to make a good-faith investigation of their client's case and refuse to take part in frivolous lawsuits. This may be a pretty low bar, but it sounds like Acushnet's attorneys may be failing to clear it.
- lysp 10y agoSimilar to the scatter-gun automated DMCA requests sent out by copyright organisations over a single word or two match from a google search.
- ballenf 10y agoFrom personal experience defending such suits, the bar is effectively so low to be imperceptibly higher than ground level. In the rare case it would be relevant, it's just as expensive or moreso to make that claim as defend the underlying case. In this case, based on just reading the article alone, it would be a very hard claim to make against Acushnet. Even if the patents could be invalidated, until they are they have the presumption of enforceability.
- PatentTroll 10y agoThis. The standards of vexatious litgtation are quite high, as they out to be. Otherwise every defendant would cry tort, and legitimately harmed parties would be dissuaded from using the legal system.
- Para2016 10y agoI'm kind of surprised there is someone defending American patent law - but then I saw your username.