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No it won't. There's a reason patent trolls all use shell companies and it's because they can be totally financially independent. Declaring insolvency of one su
by victorf 13y ago
No it won't. There's a reason patent trolls all use shell companies and it's because they can be totally financially independent. Declaring insolvency of one such company is nothing to the patent troll.
- nopinsight 13y agoThat is why the Transparency and the Joinder clauses briefly described in the original article are important steps forward. > Transparency: The draft includes strong language requiring patent trolls to reveal the parties that would actually benefit from the litigation (called the real party in interest). > Joinder: If the plaintiff is a shell-company patent troll, the defendant could require the real party in interest to join the litigation. Even better, a prevailing defendant could collect attorney’s fees from the real party in interest if the patent troll can’t or won’t pay.
- WalterBright 13y agoThis could be dealt with by requiring the plaintiff to post a bond on an ongoing basis.
- rarw 13y agoYou could almost certainly find a away to pierce the corporate veil in this case so that's not really a concern.