Re:Patent troll says it owns GPS, sues Foursquare
by roc on Friday July 27, 2012 @02:33PM
(#4302885)
> "wouldn't we get a lot less of these lawsuits when there were a stronger defense mechanism in case the alleged patent owner looses"
In these sorts of cases? I doubt it. Each troll shell company would just be set up with no assets to speak of beyond the patents-at-issue. And in the event of a loss, those would be left worthless and no practical redress would be possible. (They're not far from that already. The only difference would be a smaller patent portfolio for each shell company.)
Any work-around for that --say, requiring some sort of bond up-front by the patent owner that might be recouped by the defendant to offset legal fees-- would hit legit inventors and small companies much harder than trolls. The system would be tilted even further away from serving anyone but massive corporations.
In these sorts of cases? I doubt it. Each troll shell company would just be set up with no assets to speak of beyond the patents-at-issue. And in the event of a loss, those would be left worthless and no practical redress would be possible. (They're not far from that already. The only difference would be a smaller patent portfolio for each shell company.)
Any work-around for that --say, requiring some sort of bond up-front by the patent owner that might be recouped by the defendant to offset legal fees-- would hit legit inventors and small companies much harder than trolls. The system would be tilted even further away from serving anyone but massive corporations.