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> We need to make things such that this is no longer true Surely the obvious solution is costs awards - i.e. loser pays winner's legal fees. Instantly destroys
by SEMW 13y ago
> We need to make things such that this is no longer true
Surely the obvious solution is costs awards - i.e. loser pays winner's legal fees. Instantly destroys the tactic of threatening suit for meritless claims, as if the defendant can see the suit is meritless, they can call the claimant's bluff and know they won't be out-of-pocket. That's what England (and, I believe, every common law country apart from the US) does.
(The downside is if your legal system is bad enough that some stupid claims aren't meritless, i.e. stand a reasonable chance of winning, as with US software patents, then if that happens the loser has to pay twice. But that just means you need to do this in conjunction with reforming the patent system, not instead of).