Re:How a rogue appeals court wrecked the patent system
by modeless on Sunday September 30, 2012 @07:11PM
(#4594564)
I expect exactly the opposite. The cost of litigation gives plaintiffs an unfair advantage over defendants. If a plaintiff wins it's all upside, while if a defendant wins they still lose because they had to pay millions in legal fees (plus the intangible costs of years of litigation).
Given this advantage, and the fact that defendants can always avoid court by licensing if a patent really is valid, I would expect defendants to win the majority of cases that actually make it to court (calling the plaintiff's bluff).
Given this advantage, and the fact that defendants can always avoid court by licensing if a patent really is valid, I would expect defendants to win the majority of cases that actually make it to court (calling the plaintiff's bluff).