Troll-bane?

Troll-bane?

Posted Oct 15, 2007 17:45 UTC (Mon) by Max.Hyre (subscriber, #1054)
Parent article: A visit from the trolls

Does the patent-related legal system have a mechanism for punitive damages, and can it be made to work on trolls?

That is, if the defendants prove the suit is groundless, and they can demonstrate that the defendant knew, or should have known that it was groundless, could the damages be increased? Increased sufficiently to a) really hurt plaintiff, and b) show other patent trolls that if they lose they're gonna be 0wned?

I mean that last literally. A troll could easily be a couple of lawyers in a rented back room. A sufficient-large judgment could be impossible for them to pay in cash, and therefore defendants get all plaintiff's assets, including any other patents they hold.

Comments from those who know what they're talking about, as I certainly don't?

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Wouldn't help. You'd just get a single-patent-single-company constellations. So, if a company
bows to the threats, or they actually win in court, it's a win.

If they lose, and are forced to pay damages, they just close that particular shop. No damages
are paid; because the company doesn't own ANYTHING other than the single patent. And that
single patent is now worthless, so who cares.