Friday, March 27, 2015

Loser pays: disincentive for trolls?

From an opinion piece by Stan Sorkin, president of the Connecticut Food Association :

Patent litigation reform legislation should also include a “fee shifting” provision. If a troll knows an adverse outcome will make him responsible for all legal costs if it loses in court, there will be a considerable disincentive to pursue frivolous claims.


In a loser-pays world, as distinct from the present world wherein "exceptional cases" are established by evidence, the loser pays, including those cases won by so-called trolls.  Be careful what you wish for.


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