The U.S Supreme Court added eight new cases to its argument docket for the new term starting next week, including a patent case that could discourage litigation by patent trolls.
|Scooped by Karl Wabst|
SCOTUS agreed to consider a hot-button issue in patent litigation. How much latitude do federal district judges have to award attorney’s fees to the prevailing party? Patent trolls hide behind threats of legal action and the waste of defendant’s time and money to fight an infringement charge.
Consumer opinion is increasingly influenced by what they read in social media and 30-second news-bites. The accusation of wrongdoing makes for headlines. If the case is settled, many assume there was substance to the claim. Either may damage reputation and may translate into real, monetary loss over time.
When a case is exceptional, judged frivolous, the complainant can be forced to pay the defendant’s legal fees. That may warrant some press, but it is unusual. The bar is set high, and requires further investment of time and money. In a down economy, this scares off most cash-strapped defendants.
What makes a case exceptional and deserving of the complainant paying defendants legal fees? That’s the question. It’s about time clarification is given since the number of patent trolls is increasing and draining resources from a business community already struggling to survive.