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Troll hunter: meet the Oregon lawmaker who may fix the patent mess | 115 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
My humble opinion: That solution will change little
Authored by: Anonymous on Friday, March 01 2013 @ 03:43 PM EST

To understand the impact one only need to ask a particular question:

    How many of the trollish lawsuits work before someone (whether USPTO, Judge or Jury) invalidates the patent?
Once you have that, then you can start asking:
    What's the average cost a patent troll would end up paying
compared with:
    What's the average cost in defense and damages the average entity faces who looses against the trollish patent?
I don't believe the solution as proposed will do much - if it does anything. That's for the simple reality that I expect patents succeed in their litigation 1-many times before the given patent is invalidated. The damages realized from a single win will more then make up any loss in damages when the patent is invalidated.

This also assumes that an invalid patent equates to a patent troll... a reasonably clear definition. And I seriously doubt the "troll" definition in the Act will be clear enough the trolls can't easily work around it so they aren't defined as a "troll". Trollish behavior... but it's no longer defined as trollish.... so it can continue.

RAS

[ Reply to This | Parent | # ]

Troll hunter: meet the Oregon lawmaker who may fix the patent mess
Authored by: Anonymous on Saturday, March 02 2013 @ 12:10 AM EST
Even if the Patent Troll ends up paying, how many small
businesses have the financial resources to commit to
spending US$1,000,000 on the legal equivalent of a throw of
the dice on the craps table?

What should happen, is, if the patent troll loses, all
employees, and contractors of both the law firm, and the
patent troll firm, are barred from working in any part of
the legal industry, including education, politics, lobbying,
and consulting of any kind, for forty years. This includes
filing any legal action, for any cause whatsoever. Failure
to adhere to that penalty is an automatic fifty year
sentence in solitary confinement.

[ Reply to This | Parent | # ]

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