December 13 roundup

by Walter Olson on December 13, 2011

  • “The real cost of patent trolls” [Brad Feld, PoL on BU study] Survey finds patent litigation booming [Corporate Counsel, Reynolds Holding/Reuters] Company claiming patent on wi-fi-in-stores unlikely to sue retail customers “at this stage” [Patent Examiner] Retrospective on crustless-sandwich case [Peter Smith/Good, earlier]
  • Louisiana federal court holds severe obesity to be disability under ADA [Sam Bagenstos, related]
  • Florida: many cops remain on job despite evidence linking them to crimes [Balko on Sarasota Herald-Tribune investigation]
  • “FDA Regulation Could Doom Cigar Shops” [Jacob Sullum]
  • Ted Frank vs. Brian Fitzpatrick on class action fees [PoL, David Lat on Federalist Society panel]
  • Orange County keeps mum about partnerships it’s entered with plaintiff’s attorneys Robinson, Calcagnie and Thomas Girardi [Kim Stone, Fox & Hounds] Maybe like “private attorney generals”? Fannie/Freddie genre of government-sponsored enterprises called “monstrous moral hybrids” [Mark Calabria, Cato]

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PointOfLaw Forum
12.15.11 at 7:15 am

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1 Yeaah 12.13.11 at 4:42 am

The real cost of patent trolls: there is one more side to patent trolling.

While big companies sue each other or are being sued by trolls, small companies are almost never sued. The threat of lawsuit is enough to make a small company pay the fee, regardless of patent reasonability. The lawsuit would destroy them regardless of the output, so they choose to pay the troll.

I guess that those ‘lost money’ amount would be even much higher if it would be possible count it.

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