I don't think it will have any really strong chilling effects where somebody
has a number of fairly strong claims - losing one or two won't trigger an
awarding of fees for the defendant. What it will do is decrease cases where the
accuser throws a plate of spaghetti at the wall to see what sticks, or
deliberately runs up the defendant's legal costs in the hope that they will
fold/settle. This will decrease unnecessary waste of precious court time
as well. This is the result of judges refusing to be complicit in the action of
companies using the court system for battery while skirting rules against it.
The clear message is, just because you've gotten away with sneaking weak patents
past the patent office, if that's all you've got in your legal war chest and the
opposition can call your bluff, then you will suffer the consequences. If you've
got something stronger in your hand, then stick with that and don't waste our
time. [ Reply to This | Parent | # ]
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