13 ms·

What would it take to patent some crucial process in IV's "business" model (like establishing shell companies to avoid declaratory judgements) and then sue them

• ohazi 14y ago
  You can't really sue an entity that doesn't hold any assets. That's why it's been essentially impossible for companies that fight IV and win to counter sue. Even if they won the suit, the particular IV shell would just declare bankruptcy and get "reorganized" somewhere else. A worthwhile counterattack would either need to fix the patent system (hard) or go after the IV stakeholders personally in a way that would make the risks of their endeavor far outweigh any potential benefits (unlikely).
  • oh_sigh 14y ago
    The patents don't count as assets?
    • DanBC 14y ago
      Each shell company only owns as many patents as it needs. Thus, a loss in court means the patent is worthless, and so it's no loss if the shell company has to give it away.