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The SHIELD Act is a great step, but I wonder how this will fare against the patent troll practice of setting up separate legal entities specifically for litigat
by mnutt 14y ago
The SHIELD Act is a great step, but I wonder how this will fare against the patent troll practice of setting up separate legal entities specifically for litigating individual patents? If they lose, they declare bankruptcy and move on to the next shell corporation.
- tedivm 14y agoIf they file bankruptcy they have to sell off their assets to raise money for their creditors- assets which include the patents themselves.
- mnutt 14y agoTrue, but doesn't losing mean having the patent declared invalid anyway? Which renders it worthless whether or not loser pays.
- tedivm 14y agoNo, it's just one way they could lose. The other side can be found to be non-infringing, or it could be found that a very very specific clause of the patent is invalid as opposed to the whole thing.