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
Member since:

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?

Edited 2010-05-15 10:51 UTC

Reply Score: 3

RE: Legal fees for prior art
by jkirkham on Sat 15th May 2010 18:08 in reply to "Legal fees for prior art"
jkirkham Member since:

It is most likely the troll knew what they were doing and was just trying to make a quick, easy buck off the system. I'd think this is less a lack of due diligence, and instead more accurately a case of willful fraud. Where are the authorities who should be cracking down on obvious cases like this?

On the other hand, considering how easily prior art was found, the US Patent Office was clearly not exercising due diligence in its duties. It would be nice to see a lawsuit brought up against them. Maybe something like that would put a damper on the whole practice of patent trolling.

Reply Parent Score: 1