And the proper response from the judge should be "Case dismissed. Come back when you can state a claim.". The plaintiff holds the patents. They know what patents they hold. And the first requirement for filing a suit is that you state what damage you have suffered and why the defendant should be held responsible for it. For patent infringement that would be what patents were infringed and how the defendant infringed them. If the plaintiff can't identify any patents they believe were infringed at the time they file, they fail that first requirement and should be kicked to the curb right then and there.

Note: this doesn't mean the plaintiff can't discover more infringement during discovery, not that they can't add it to the complaint. It merely means that they have to be able to identify some infringement right at the start, and that if they want to add things found during discovery they're subject to being denied on the grounds that they knew about them before filing and it's too late to add them now.

[ Reply to This | Parent | # ]

• And it should be standard practice - Authored by: Wol on Monday, May 20 2013 @ 02:52 PM EDT

[ Reply to This | Parent | # ]

• Fishing - Authored by: Wol on Monday, May 20 2013 @ 02:50 PM EDT
  • Fishing - Authored by: Anonymous on Monday, May 20 2013 @ 08:57 PM EDT