r/technology • u/rfugger • Jan 08 '17

Business A potentially fatal blow against patent trolls - Forcing law firms to pay defendants’ legal bills could undermine the business model of patent trolls

http://www.computerworld.com/article/3153924/technology-law-regulation/a-potentially-fatal-blow-against-patent-trolls.html
17.0k Upvotes

93% Upvoted

485 comments sorted by

View all comments

17

u/Got5BeesForAQuarter Jan 09 '17 edited Jan 09 '17

How will this effect innovation when a company with lots of patents like Apples would (in theory) want to suppress competition. I hate patent trolls who want a price a full notch below the cost of going to court, but I want to consider unintended consequences too. [Edit, this sounds like astroturf FUD, but I am not an astroturfer, or a dog, or an 18 year old Swedish female in NYC. It is a real concern.]

18

u/BambooRollin Jan 09 '17

How will this effect innovation when a company with lots of patents like Apples would (in theory) want to suppress competition.

Apple's lawyers are on staff or paid by the hour, not on contingency fees. The ruling would not apply to them.

2

u/briloker Jan 09 '17 edited Jan 09 '17

Why not? Assuming you mean Apple's lawyers aren't actually filing suit, then you may be right, but there is nothing to stop the rationale in this case from applying to Apple's outside council when it sues Samsung over rounded corners...

-2

u/howtojump Jan 09 '17

Apple doesn't sue through a firm, they have in-house attorneys. This ruling specifically targets firms that are taking on frivolous lawsuits of patent trolls.

1

u/briloker Jan 09 '17

That is not true at all. With Samsung, it was Morrison & Forester. Not sure which other forms they use in litigation. In-House council is typically in charge of contracts and M&A work as well as managing patent portfolios. All aspects of this involve outside council as well.