Hacker News new | past | comments | ask | show | jobs | submit login

And once again the only people making money is the lawyers. There was no need for the Cloudflare lawyers to produce 900 pages of briefs. A few pages and a couple of hours in court would have been enough to persuade any judge that the claim should be dismissed. Instead I expect close to a million dollars worth of legal fees has been frittered away.



Um ... lawyer and former litigator here; I've done patent-case appeals at the Federal Circuit in a prior life:

1. Especially thanks to the Supreme Court's utter trashing of the analytical method (in Alice and other cases), it's not all that simple to move for dismissal on the pleadings.

2. I've looked at the patent and its claims; with a different trial judge and/or a different three-judge panel at the court of appeals, the outcome could easily have been different. CloudFlare's lawyers must have done a pretty good job, because getting a peremptory affirmance in the court of appeals under "Rule 36" [0] is a non-trivial achievement.

[0] http://www.cafc.uscourts.gov/sites/default/files/rules-of-pr...


See ccrglaw.com -- Great lawyers, they did a great job for us.


> There was no need for the Cloudflare lawyers to produce 900 pages of briefs

Is that a statement based on empirical evidence, or is it based on how things "should" work? In my dealings with courts, "a few pages and a couple of hours" isn't enough to settle anything whatsoever. If the plaintiff provides 650 pages, that's going to mean a lot of claims and arguments that have to be rebutted no matter how ridiculous they are. Right or wrong, that's the way it is.




Guidelines | FAQ | Support | API | Security | Lists | Bookmarklet | Legal | Apply to YC | Contact

Search: