Linked by Thom Holwerda on Sat 15th May 2010 08:49 UTC, submitted by kragil
Amiga & AROS A few weeks ago, Novell and Red Hat jointly fended off a patent infringement suit thrown their way by a patent troll. The patent in question more or less came down to the concept of virtual desktops - and thanks to Groklaw, several people helped in finding cases of prior art. The most interesting one of all? A carefully restored and working Amiga 1000 demonstrated to the judge and jury.
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Legal fees for prior art
by Hypnos on Sat 15th May 2010 10:49 UTC
Hypnos
Member since:
2008-11-19

If some party brings a lawsuit for patent infringement, but the suit is dismissed because prior art is discovered by the defendant, the plaintiff should be subject to a counterclaim for legal fees because they did not perform due diligence.

What do you think?

http://en.wikipedia.org/wiki/Due_diligence#As_a_concept_in_civil_li...

Edited 2010-05-15 10:51 UTC

Reply Score: 3