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Re:Lodsys explains in-app patent warning letters sent to iOS... by ikono on Monday May 16, 2011 @02:29PM (#2553597)
Why does the countersuit have to be about patent infringement? Just sue them to be a nuisance. I'm sure Apple's lawyers are good enough to be a thorn in Lodsys' side.
Re:Lodsys explains in-app patent warning letters sent to iOS... by othermaciej on Monday May 16, 2011 @04:50PM (#2554109)
A couple of problems with that:

- Filing a frivolous lawsuit makes the plaintiff liable for the defendant's legal expenses.

- Repeatedly filing frivolous lawsuits can get you labeled as a vexatious litigant, and if labeled as such you need a judge's permission to file even a valid lawsuit.

- Lawyers knowingly participating in frivolous lawsuits or vexatious litigation can be disbarred.

For these reasons, I don't think you will see corporations filing a lot of meritless nuisance lawsuits.