For years, patent trolls have been the best evidence that pure evil exists. And like most evil entities, they are almost impossible to stop. Even a 2014 U.S. Supreme Court decision that was highly critical of patent trolls has done little to slow their slimy, reptilian-like existence. But a federal judge on Dec. 19 crafted a novel tactic to curb patent trolls when she slapped a half-million-dollar bill on the lawyers and said that they were personally responsible for paying it, not their client. This could truly be a game-changer.
This unusual decision could make lawyers hesitate to take patent trolls as clients. Part of the patent-troll economic model is based on lawyers taking a contingency fee, meaning that they take a percentage of whatever money is extracted from victims rather than being paid an hourly fee. This makes the lawyers more of a partner than a traditional contractor, which factored into the judge's decision.
The ruling may make lawyers say forget about contingency fees; we want upfront hourly fees. And patent trolls, unwilling or unable to do that, may forgo pursuing the most tenuous lawsuits. As a result, the patent-troll business model starts to crumble.
[...] Patent trolls directly threaten the industry of ideas. They dilute the value of legitimate patents while making honorable companies suspicious of legitimate patent complaints. This was never what patents were all about. They were designed to protect inventors who came up with truly innovative ways of doing things.
Patents need to get back to protecting inventors, not opportunists who conclude that what business needs today is more extortion. [Judge] Cote's decision won't finish off patent trolls, but it's a step in the right direction.
(Score: -1, Flamebait) by Anonymous Coward on Tuesday January 10 2017, @10:52AM
ALLAHLAHLAHLAHLAHLAHLAHLAH
(Score: 3, Insightful) by Anonymous Coward on Tuesday January 10 2017, @10:53AM
There are ways for attorneys to work around this on future cases. To stop patent trolls, the actual patent system needs fixing.
(Score: 2) by requerdanos on Tuesday January 10 2017, @02:45PM
(Nod.) Needs doing. However,
Which is arguably a good thing in the absence of patent system reform.
(Score: 2) by FatPhil on Tuesday January 10 2017, @04:11PM
Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
(Score: 2) by requerdanos on Wednesday January 11 2017, @04:28AM
He was done wrong, and wasn't a troll at all; his invention was stolen by Ford and he had a right to his rights...
But I think the idea was to make patent trolling more expensive, not patents themselves.
(Score: 0) by Anonymous Coward on Tuesday January 10 2017, @02:55PM
Indeed. Want to kill patent trolls? Kill USPTO.
(Score: 4, Insightful) by jasassin on Tuesday January 10 2017, @10:55AM
The lawfirm itself said it was pointless, but they decided to waste the systems time. I love this. The guy gets to choose who he gets the money from. I'd go for the lawyers, wouldn't you?
jasassin@gmail.com GPG Key ID: 0xE6462C68A9A3DB5A
(Score: 2) by VLM on Tuesday January 10 2017, @12:59PM
I'm not directly in the legal system, but from the outside it looks like the owner of the patent just told the judge that in his opinion the patent he owns is worthless, so he won't mind being ordered to sign it over to the victim.
(Score: 2) by theluggage on Tuesday January 10 2017, @11:14AM
Part of the patent-troll economic model is based on lawyers taking a contingency fee, meaning that they take a percentage of whatever money is extracted from victims rather than being paid an hourly fee. This makes the lawyers more of a partner than a traditional contractor, which factored into the judge's decision.
Uh oh.. wouldn't that logic apply to all sorts of no-win-no-fee arrangements? Probably a good idea, but I really can't see the ambulance-chasing industry letting that one lie...
(Score: 4, Funny) by weeds on Tuesday January 10 2017, @01:19PM
Clearly an insult to reptiles everywhere.
Get money out of politics! [mayday.us]
(Score: 1, Interesting) by Anonymous Coward on Tuesday January 10 2017, @01:29PM
So what are they, slimy or reptilian-like? Both at the same time is not possible, as reptilians are not slimy.
(Score: 4, Funny) by The Mighty Buzzard on Tuesday January 10 2017, @01:56PM
They would be if you had a wank on them. Not that I'm advising, condoning, or understanding such behavior.
My rights don't end where your fear begins.
(Score: 2) by Grishnakh on Tuesday January 10 2017, @03:50PM
So what are they, slimy or reptilian-like? Both at the same time is not possible, as reptilians are not slimy.
They aren't? What about when they're crawling around in swamps?
(Score: 0) by Anonymous Coward on Tuesday January 10 2017, @01:50PM
potentially fatal blow != won't finish off patent trolls
(Score: 3, Touché) by jasassin on Tuesday January 10 2017, @08:01PM
Did you mean: potentially fatal blow != will finish off patent trolls
Hmmm.. Is this Lennart?
jasassin@gmail.com GPG Key ID: 0xE6462C68A9A3DB5A
(Score: 0) by Anonymous Coward on Tuesday January 10 2017, @03:17PM
I'll believe it when the Federal Circuit Court doesn't overturn it. Of course, they will overturn it as soon as it gets appealed, because they're a bunch of patent lawyers protecting their turf. It's why they've rolled back most of the Supreme Court decisions that have been restricting patent trolling, and have even been sticking their oar in copyright cases. And, in another decade or so, the Supreme Court will get around to slapping them down again, and which point we'll rinse and repeat.
(Score: 0) by Anonymous Coward on Tuesday January 10 2017, @10:24PM
No such think as Federal Circuit court...you probably mean Federal Appeals Court....
Accuracy counts.
(Score: 2) by RamiK on Tuesday January 10 2017, @07:06PM
How dare those "pure evil", "slimy, reptilian-like existence" patent "trolls" parasite off our perfected system of tax evasion and resource grabbing?
Don't they realize that as patent cases land in courts, more and more people become aware of the ridiculousness of the actual patents?
Can't they understand researchers are digging through the court records and are revealing our carefully built corporate structures are but schemes to steal money from innovators, scientist, researchers and the public?
Is there no honor among thieves?!
compiling...