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Patent Troll Ordered To Pay For the Costs of Fighting a Bad Patent
We mentioned last year that FindTheBest CEO Kevin O'Connor had taken an unusual step, when confronted with a demand by patent troll company Lumen View that the startup pay $50,000 for what struck O'Connor as a frivolous patent: He not only refused, but pledged to spend a million bucks, if necessary, to fight Lumen View in court. Now, as Ars Technica reports, O'Connor has succeeded on a grand scale. Before trouncing Lumen View in court, Ars reports, "FindTheBest had spent about $200,000 on its legal fight—not to mention the productivity lost in hundreds of work hours spent by top executives on the lawsuit, and three all-company meetings.
Now the judge overseeing the case has ruled (PDF) that it's Lumen View, not FindTheBest, that should have to pay those expenses. In a first-of-its-kind implementation of new fee-shifting rules mandated by the Supreme Court, US District Judge Denise Cote found that the Lumen View lawsuit was a 'prototypical exceptional case.'"
http://soylentnews.org/article.pl?sid=14/05/23/1347205
"Unlike the other 36 codefendants, Newegg chose to go further and recover its legal fees, an action that most companies choose not to pursue because prevailing defendants were, until recently, required to demonstrate that a plaintiff acted in bad faith."
If FindTheBest is willing to spend the money on lawyers and court costs, that will not protect the patent troll. There exists a legal basis for "piercing the corporate veil". Dissolving the corporation and forming a new corporation with the same assets(in this case, patents) is a classic example of where that can happen and what that very concept was created for.
The truth is that all men having power ought to be mistrusted. James Madison
There are some places in Canada were the permits cost are huge.. Think about a construction permit fee based on the lot size (multiple $$$ per square feet) where the minimum lot size is required to be at least something close to an hectare...
Ah, that old case. It should be noted that there were actually hundreds of injury cases associated with their coffee. They had really bumped up the temperature to unsafe levels and were fully aware that that the standard accidents people had with beverages were resulting in significant burns compared to normal serving levels. The government should have intervened long before that, but they did not because civil suits were the 'solution'.
The problem was not that it was 'hot', but that they were serving it much hotter then would be typical since that was cheaper then using cups with marginally more insulation.
Even in the most expensive parts of the country, you could barely manage to build an uninhabitable, unfinished shell of a house for the price of a building permit.
It's over $30,000 in permits to build a small two bedroom house (say, 1000 square feet) in Lake County, CA, counting the water connection fee and other bullshit. You can buy a kit home for $45/ft^2 or less. A seasoned contractor who purchases materials at the right time of year can absolutely get the materials for less. It'll be a little shit-shack of a house like virtually all of them are, made out of chipboard and sheetrock, but that's what at least nine in ten of the houses being built today are like anyway so let's not be discriminatory. And I've got to add that this is one of the cheapest parts of the state, at least, that nominally still has water. Oh, did I mention that people on municipal water are being subjected to restriction? No new wells are being permitted, so you can only build where there is municipal water, which is mostly really bad here?
Sometimes, I hope I live a long time. Sometimes, I think human lifespans are too damned long. The crusty old fucks holding up progress in this town really get my goat.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
That's a vast oversimplification.
Most significantly, the temperature people generally serve coffee at is, in fact, hot enough go give third-degree burns. The general recommended temperature to store coffee at before serving is 185 degrees (farenheit, obviously). The truth is neither that the lawsuit was totally frivolous, nor that it was totally justified, but that this was a complicated situation with a number of issues that generally get glossed over.
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