We Stood Up to a Patent Troll and Won

Re:We Stood Up to a Patent Troll and Won by manquer on Tuesday November 05, 2019 @07:25AM (#21451724)

Unfortunately that kind of punitive punishment will deter genuine cases from be being filed for fear of penalties .

Also it is hard to measure the actual minimum cost required. Cloudflare might have retained a top class firm to fight this, perhaps they could have been represented by a very affordable one person shop as well. What cost should the court award ? Former means cases against people and companies with resources will be very difficult for fear of losing, later does not solve the problem of economic incentives

[ Parent | on HN ]

Re:We Stood Up to a Patent Troll and Won by mschuster91 on Tuesday November 05, 2019 @08:49AM (#21452298)

> Unfortunately that kind of punitive punishment will deter genuine cases from be being filed for fear of penalties .

Legal insurance ("Rechtsschutzversicherung" in German) helps here.

> What cost should the court award ?

In Germany courts can order that one party has to cover all associated costs or that the cost be split / limited to "reasonable" amounts - this ensures that everyone has viable access to legal defense.

[ Parent | on HN ]

Re:We Stood Up to a Patent Troll and Won by nicoburns on Tuesday November 05, 2019 @09:01AM (#21452382)

If it stops people suing people for having a loose paving slab on their garden path, then it's probably a good tradeoff? (albeit not one without downsides).

[ Parent | on HN ]