2 ms·
This will not work. If I don't have the money to mount a defense it doesn't really matter because there will not be a trial. I would have to reach a licensing
by robomartin 14y ago
This will not work. If I don't have the money to mount a defense it doesn't really matter because there will not be a trial. I would have to reach a licensing agreement or close-up shop. This is yet another bullshit law with 23 different ways to circumvent it.
A better version of the law would have the troll pay for legal fees in advance. A bona Fidel estimate of fees is made and the troll has to deposit this amount with the court. If they loose, the court can pay the defendant out of that fund. Now you still have to have the money to defend yourself, but at least you know they won't be able to file bankruptcy and walk away. It also increases the immediate cost of troll operations exponentially.
The next step would be to reduce defendant fees to zero.
The next step would be for the patent office to become involved in some capacity and re-examine for invalidation.
Every time you sue someone for patent infringement you have to first PAY FOR a full expedited patent invalidation trial. In other words, you are free to use your patent to make stuff but if you want to sue somebody we will first re-examine it's validity. Tis is fair. The government granted the monopoly. Now the government is obligated to protect us from this monopoly by re-examining the grant when it is used to cause financial harm. Only if the patent passes the re-examination process is the trial allowed to take place. Every time you attack someone you face invalidation and having to make a huge deposit with the courts to cover all costs. That ought to slow them down.
Anyhow, these are random ideas from the vantage point of a non-lawyer engineer. I am sure they are flawed in a thousand ways. I truly don't think government is really going to fix this mess.