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Possibly. However, very few "single individual[s]" would have the resources to fund such inventions AND the associated patent procurement AND fund such a litig

Possibly. However, very few "single individual[s]" would have the resources to fund such inventions AND the associated patent procurement AND fund such a litigation. Moreover, this will be appealed and the final outcome could take a decade.

davnicwil 7y ago
Your last point has me thinking - hypothetically if an individual were in this situation, could they sell 'equity' in the eventual settlement in order to take money off the table now, rather than go bankrupt from legal expenses etc and get nothing? E.g. Sell 50% of the initially ruled $1.1B settlement for, say, $100MM. Anything like this ever happened?
- dlgeek 7y ago
  Yes. The term you want to search for is litigation finance.
- froindt 7y ago
  Planet Money had an episode on it this fall. https://www.npr.org/2019/10/02/766556249/episode-942-capitalism-in-the-courtroom https://www.npr.org/2019/10/02/766556249/episode-942-capital...
- paul7986 7y ago
  The patent game more then a 100 years ago was great for the sole inventor. Now it's a game that's insanely & wrongfully stacked against those folks. Nowadays you need a war chest behind you to secure patents and even worse fight for your rights in court against another war chest that will litigate for years and years until someone's war chest is depleted or almost depleted.
- RobLach 7y ago
  https://www.lexshares.com/ https://www.lexshares.com/
staticautomatic 7y ago
That's not how trolling works. Your out of pocket cost for patent prosecution is maybe $20K or $30K per. If you want to litigate, you enter into a contingency or mixed-fee arrangement with a plaintiff firm and possibly also a litigation financier, depending upon the size of your pocketbook and your appetite for risk. Your lawyers build up a war chest by shaking down easy targets until it's big enough that they can lay siege to a big opponent. It's become more difficult to do this than it used to be due to recent developments in patent law, but it's still eminently possible and happens all the time. This is, in fact, how plaintiff litigation works in a number of other civil case types.

davnicwil 7y ago

Your last point has me thinking - hypothetically if an individual were in this situation, could they sell 'equity' in the eventual settlement in order to take money off the table now, rather than go bankrupt from legal expenses etc and get nothing? E.g. Sell 50% of the initially ruled $1.1B settlement for, say, $100MM. Anything like this ever happened?

dlgeek 7y ago
Yes. The term you want to search for is litigation finance.
froindt 7y ago
Planet Money had an episode on it this fall. https://www.npr.org/2019/10/02/766556249/episode-942-capitalism-in-the-courtroom https://www.npr.org/2019/10/02/766556249/episode-942-capital...
paul7986 7y ago
The patent game more then a 100 years ago was great for the sole inventor. Now it's a game that's insanely & wrongfully stacked against those folks. Nowadays you need a war chest behind you to secure patents and even worse fight for your rights in court against another war chest that will litigate for years and years until someone's war chest is depleted or almost depleted.
RobLach 7y ago
https://www.lexshares.com/ https://www.lexshares.com/

staticautomatic 7y ago

That's not how trolling works. Your out of pocket cost for patent prosecution is maybe $20K or $30K per. If you want to litigate, you enter into a contingency or mixed-fee arrangement with a plaintiff firm and possibly also a litigation financier, depending upon the size of your pocketbook and your appetite for risk. Your lawyers build up a war chest by shaking down easy targets until it's big enough that they can lay siege to a big opponent. It's become more difficult to do this than it used to be due to recent developments in patent law, but it's still eminently possible and happens all the time. This is, in fact, how plaintiff litigation works in a number of other civil case types.