A Federal Judge's Decision Could End Patent Trolling (computerworld.com)

"Forcing law firms to pay defendants' legal bills could undermine the business model of patent trolls," reports Computerworld. whoever57 writes: Patent trolls rely on the fact that they have no assets and, if they lose a case, they can fold the company that owned the patent and sued, thus avoiding paying any of the defendant's legal bills. However in a recent case, the judge told the winning defendant that it can claim its legal bills from the law firm. The decision is based on the plaintiff's law firm using a contract under which it would take a portion of any judgment, making it more than just counsel, but instead a partner with the plaintiff. This will likely result in law firms wanting to be paid up front, instead of offering a contingency-based fee.
The federal judge's decision "attacks the heart of the patent-troll system," according to the article, which adds that patent trolls are "the best evidence that pure evil exists."

Comments

Is THAT really "pure evil"?

[mi]

patent trolls are "the best evidence that pure evil exists."

Not to deny that abuse of the patent-system is wrong, but things like murdering a girl after raping her seem evil of considerably higher purity.

Re:Is THAT really "pure evil"?

[MightyMartian]

I think each shows a kind of pure evil in its own way. Yes, as a matter of degrees some sociopath with a law degree who uses his intellect and education to fuck over entire industries isn't committing an act quite as evil as a psychopathic pedophile that rapes and murders a child.

Or, maybe in some cases patent trolls and murderers same degree of evil.

Re:Messed up morality

[MightyMartian]

How about trying to keep breast cancer tests as expensive as possible for personal profit?

https://www.techdirt.com/artic...

Personally liable, not the bloody company!

[Anonymous Coward]

Yeah, so now you create lots of shell law firms.

Until the courts go after people PERSONALLY (you know, like they do every time you get a ticket) there will be no change of behaviour.

Throwing a few lawyers in jail will do so much more for the profession than fining anyone.

AC

Here's a downside.

[Ungrounded Lightning]

it has no downsides I can imagine.

If generalized beyond patent trolling suits it could severely limit the ability of shallow-pocket plaintiffs to obtain legal council on a contingency fee basis to obtain redress for the torts that damaged, and perhaps impoverished, them.

The result would be that the legal system becomes accessible only to the rich.

Re:Messed up morality

[MightyMartian]

The problem being that no one makes money in a vacuum. The "self-made man" is a fantasy. The only self-made men I can think of are mountain men who live in the woods hundreds of miles from civilization, and even the historical mountain men still came down from the hills to trade pelts for knives.

Sorry mate, the society you live in allows you to make your money, gives you the protection necessary to keep it, gives you the infrastructure necessary for its creation and accumulation, so whether you like it or not, you have an inherent debt. Liberty is not absolute, but if you feel it is, then throw off your clothes, walk out of your house, head for the nearest vast forest and see how long you last as a "self-made man".