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.
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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.