 bbeesleyVIP
join:2003-08-07
Richardson, TX
kudos:5 | reply to Stumbles
Re: Biggest Patent Troll? The Patent Office. said by Stumbles: give them pause to determine if they really really want to file a frivolous law suit.
and what happens when the lawsuit isn't frivolous but is brought by some "little guy" against a big corporation for stealing his novel idea and making billions on it?
The corporation can afford a covey of high priced lawyers, while the little guy can't and when the corporate legal army wins out the little guy would have to pay for the corporations lawyers.
Current Patent law is indeed broken, but as with most attempts at resolving market issues with legislation, this bill can only make it worse. |
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 cdruGo ColtsPremium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7 | said by bbeesley:and what happens when the lawsuit isn't frivolous but is brought by some "little guy" against a big corporation for stealing his novel idea and making billions on it?
The corporation can afford a covey of high priced lawyers, while the little guy can't and when the corporate legal army wins out the little guy would have to pay for the corporations lawyers.
Current Patent law is indeed broken, but as with most attempts at resolving market issues with legislation, this bill can only make it worse. It's already addressed in the SUMMARY of the law:
quote:
To amend chapter 29 of title 35, United States Code, to provide for the recovery of computer hardware and software patent litigation costs in cases where the court finds the claimant did not have a reasonable likelihood of succeeding, and for other purposes.
If it was a legitimate lawsuit, but the plaintiff just did not win, then then they don't have to pay. |
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 KrKHeavy Artillery For The Little GuyPremium
join:2000-01-17
Tulsa, OK | reply to bbeesley
said by Stumbles:and what happens when the lawsuit isn't frivolous but is brought by some "little guy" against a big corporation for stealing his novel idea and making billions on it? Your attorney should set you up a LLC. If this happened, you lose and face huge bills, The LLC goes bankrupt and you walk away.
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"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini
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