Is there some sort of group-defense, where several sue-ees group together to contest a ridiculous patent ?
I guess the main difficulty is not the legal framework, but the business framing
I guess the main difficulty is not the legal framework, but the business framing
I think people also fundamentally misunderstand that the "patent troll" is kinda like the "jaywalker" a term made up by an industry attacking the very concept. The car companies made up jaywalking once they got cities to switch off streetcars and to free the roads up for individual's motor vehicles. Similarly, patent troll is something used by large corporations owning vast troves of IP that get attacked by a smaller company that owns less IP. Is every patent litigation great? No! But our legal system already prefers to let a guilty man free rather than put an innocent man in jail... yet there is some absurd belief that the patent system should be more perfect than this. And lets be fair, it's a lot easier to say "killing people is wrong and deserves XYZ punishment" than it is to determine every unknown thing in the world. Patent trolls aren't really trolls, they are the inventors. Most of the time, if you invent a patent, you still can't find the funds to take on a big corporation infringing your patent. At least if "trolls" exist, the founder can sell his patent right to an entity that specializes in enforcing it. This is the market working.