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The problem there is that Intellectual Ventures would be allowed to remain, but they're the largest patent troll in the industry and a large part of the reason
by lawnchair_larry 14y ago
The problem there is that Intellectual Ventures would be allowed to remain, but they're the largest patent troll in the industry and a large part of the reason that this conversation is even taking place.
- bigiain 14y agoExactly. In one sense, this suggestion is as good or better than any I've heard. Let the defendant raise the possible issue with a judge - let a (presumably impartial and intelligent) judge look at it on a case-by-case basis, and let the plaintiff know in selected cases "this one's going to cost you lots if you lose". I guess there's then be a danger of a "reverse class action" thing, where someone like the scan-to-email patent holder sends out hundreds or thousands of legal threats, and some law firm decides to try and run up half million dollar costs for each and every defendant.
- krichman 14y agoAs long as the judge is aware when the suing party is a shell company vs. an actual small business and requires some sort of monetary escrow only for the former. I don't know if "danger" is the word you are looking for :) I'd love to see a "reverse class action" happen to an intellectual vulture; the only way it would be better would be if the judge allowed the "defendants" to pierce the veil when it came time to collect.