

Law Would Force Patent Trolls To Pay For Failed Lawsuits Against Innovators - followmylee
http://techcrunch.com/2013/02/27/law-would-force-patent-trolls-to-pay-for-failed-lawsuits-against-innovators/

======
flexie
In most of Europe it is the general rule applying to all lawsuits that the
looser pays part or all of the cost of the winning party's attorney fees. This
is very effective in keeping frivolous lawsuits at a minimum. It is sometimes
referred to as the English Rule.

Another meassure that keeps the number of law suits down is the obligation for
the plaintiff to pay a court fee calculated as a percentage of his claim.

~~~
dman
But wont this dissuade plaintiffs with few financial means from seeking out
justice?

~~~
flexie
Justice is rarely found in courts.

That said, individuals with little financial means may qualify for financial
aid for court proceedings (sometimes combined with a reduced court fee).

Also, many standard family insurances and standard business insurances have
coverage for legal costs.

Finally, many European countries have a wide range of complaint boards, which
have speedy and informal proceedings (sometimes their decisions have binding
effect).

~~~
rayiner
At least in the US, the courts are one of the few avenue of justice.
Everything from desegregation to marriage equality to environmental protection
was hashed out in the court system. It is the single means for the little guy
to tear down big institutions. The court system is the last place in the
country where people use the word "fairness" outside of a punchline.

~~~
flexie
Yes, you have a very interesting history of advancements in interstate trade,
civil rights etc. through courts.

In Europe we have had a bit of the same in the rulings of the Court of Justice
of the European Union (in areas like free movement of goods, services and
people,) and in the rulings from the European Court of Human Rights (in civil
rights issues). In continental Europe such advancements have primarily come
from legislative bodies, though.

------
uvdiv
Couldn't they think of a more prejudicial title? The bill's substance is
"plaintiffs to pay defendants". Plaintiffs are not trolls. Defendants are not
innovators. Unsuccessful lawsuits are not frivolous (article's opening
paragraph).

And TechCrunch is not journalism.

~~~
RougeFemme
I agree, generally, and I agree that the title is not unbiased. But I think
that a lot of the patent plaintiffs _are_ trolls, particularly those that do
nothing but buy patents and then sue. And in those cases, the defendants are
often _not_ innovators. Some of those patents never should been granted, but
that's for another thread.

------
billboebel
Why don't they require plaintiffs in a patent suits to be actively using the
patent in some sort of meaningful way in order to be allowed to file a suit?
If they are just holding a patent and do nothing with it they shouldn't be
allowed to sue or the patent should expire early.

------
danielweber
Prior discussion: <http://news.ycombinator.com/item?id=5294202>

------
ishansharma
First nail in the coffin of Patent Trolling?

~~~
tsotha
Might be if there was any chance it would pass. The legislature is bought and
paid for by the ABA, so unless the average person can be made to understand
the issues involved it's never going to get to the president's desk.

------
same2cool
nice; dear

