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Then we must increase the liability. When patent owners want to sue for damages worth $1000000, make them pay $1000000 in a 3rd party bank account BEFORE that.

If they win, then they get their money back plus the damages. If they lose, then the defendants can pay their legal costs from those $1000000 (and the reminder goes back to the patent owner).




I am in favor of that solution, but there needs to be some constant of proportionality:

If you have a patent worth $1M, it is reasonable that you can finance a $1M bond.

If you have a patent you believe (and sue for) $400M, it is less likely that you'll be able to finance that bond unless you are Microsoft.

So, it needs to work out to a percentage (1%-5%) of what you sue - but probably something like "and you lose at least half of that even if you pull it back the next day".




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