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What would be required to get a court to order Sable pay the legal fees Cloudflare incurred?

by Laaas 3y ago

delfinom 3y ago
Courts only order that in cases the lawsuit is in bad faith by one party.
ceejayoz 3y ago
Quite a bit. https://en.wikipedia.org/wiki/American_rule_(attorney%27s_fees) https://en.wikipedia.org/wiki/American_rule_(attorney%27s_fe... Versus https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fees) https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fee... in much of the rest of the world.
- jotaen 3y ago
  Is this still true, considering how the Supreme Court has decided a similar case against patent trolls[1][2] in the past? [1]: https://en.wikipedia.org/wiki/Octane_Fitness,_LLC_v._ICON_Health_%26_Fitness,_Inc https://en.wikipedia.org/wiki/Octane_Fitness,_LLC_v._ICON_He.... [2]: https://www.forbes.com/sites/danielfisher/2014/04/29/patent-trolls-face-higher-risks-as-supreme-court-loosens-fee-shifting-rule/ https://www.forbes.com/sites/danielfisher/2014/04/29/patent-...
  - ceejayoz 3y ago
    As the second link notes, that helps only in "the most egregious cases of misconduct".
    - Laaas 3y ago
      In the opinion it says that it merely has to be "exceptional", I would think Cloudflare has a good chance at winning their case. They ought to do so, if only to discourage patent trolls. Link: https://web.archive.org/web/20140429231129/http://www.supremecourt.gov/opinions/13pdf/12-1184_gdhl.pdf https://web.archive.org/web/20140429231129/http://www.suprem... Relevant part on page 10.
tgsovlerkhgsel 3y ago
That alone likely wouldn't help, because often patent trolls are relatively small entities built around the patents they're trolling with. Once those patents evaporate, there isn't much value to be gained, so the limited liability company now owing millions in damages simply goes bankrupt and the people behind it start trolling anew with new patents and a new company. We should hold the lawyers accountable. If you as a lawyer bring egregiously bullshit cases, you should be on the hook for the costs.

What would be required to get a court to order Sable pay the legal fees Cloudflare incurred?

by Laaas 3y ago

What would be required to get a court to order Sable pay the legal fees Cloudflare incurred?

delfinom 3y ago

Courts only order that in cases the lawsuit is in bad faith by one party.

ceejayoz 3y ago

Quite a bit. https://en.wikipedia.org/wiki/American_rule_(attorney%27s_fees) https://en.wikipedia.org/wiki/American_rule_(attorney%27s_fe... Versus https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fees) https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fee... in much of the rest of the world.

jotaen 3y ago
Is this still true, considering how the Supreme Court has decided a similar case against patent trolls[1][2] in the past? [1]: https://en.wikipedia.org/wiki/Octane_Fitness,_LLC_v._ICON_Health_%26_Fitness,_Inc https://en.wikipedia.org/wiki/Octane_Fitness,_LLC_v._ICON_He.... [2]: https://www.forbes.com/sites/danielfisher/2014/04/29/patent-trolls-face-higher-risks-as-supreme-court-loosens-fee-shifting-rule/ https://www.forbes.com/sites/danielfisher/2014/04/29/patent-...
- ceejayoz 3y ago
  As the second link notes, that helps only in "the most egregious cases of misconduct".
  - Laaas 3y ago
    In the opinion it says that it merely has to be "exceptional", I would think Cloudflare has a good chance at winning their case. They ought to do so, if only to discourage patent trolls. Link: https://web.archive.org/web/20140429231129/http://www.supremecourt.gov/opinions/13pdf/12-1184_gdhl.pdf https://web.archive.org/web/20140429231129/http://www.suprem... Relevant part on page 10.

tgsovlerkhgsel 3y ago

That alone likely wouldn't help, because often patent trolls are relatively small entities built around the patents they're trolling with. Once those patents evaporate, there isn't much value to be gained, so the limited liability company now owing millions in damages simply goes bankrupt and the people behind it start trolling anew with new patents and a new company. We should hold the lawyers accountable. If you as a lawyer bring egregiously bullshit cases, you should be on the hook for the costs.