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I don't really agree with this for a couple of reasons. One is that juries, by and large, tend to favor David in David and Goliath cases. Also, it shouldn't b
by georgemcbay 13y ago
I don't really agree with this for a couple of reasons.
One is that juries, by and large, tend to favor David in David and Goliath cases.
Also, it shouldn't be that hard to find competent lawyers willing to work on contingency to take meaningful patent case against a larger corporation if they get a percentage of the damages. For cases where the patent isn't that strong to begin with or the infringement isn't very clear cut and thus the lawyer's EV is very low, well then fuck the little guy anyway, he shouldn't be patent trolling in the first place.
- bmm6o 13y agoIt doesn't matter if you're likely to win if you can't afford to litigate. > it shouldn't be that hard to find competent lawyers willing to work on contingency to take meaningful patent case Yeah, that's why it happens all the time. (hint, it doesn't).
- bunderbunder 13y agoY'know, it's becoming increasingly common in patent law, and the trend is disturbingly closely related to the rise of patent trolling. The oversupply of lawyers in the USA has become so great that many attorneys will take on anything at this point, including patent cases on contingency. And that makes it easy for businesses to hop on board, since the cost to them is so low.